1 Title, application and commencement

The title of these Regulations is the Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 2009, they apply in relation to Wales and come into force on 20 March 2009.

NOTES
Initial Commencement
Specified date

Specified date: 20 March 2009: see above.

2 Amendment to the Products of Animal Origin (Third Country Imports) (Wales) Regulations 2007

2Amendment to the Products of Animal Origin (Third Country Imports) (Wales) Regulations 2007

Schedule 1 to the Products of Animal Origin (Third Country Imports) (Wales) Regulations 2007 is replaced with the Schedule set out in the Schedule to these Regulations.

NOTES
Initial Commencement
Specified date

Specified date: 20 March 2009: see reg 1.

Signature

Elin Jones

Minister for Rural Affairs, one of the Welsh Ministers

26 February 2009

SCHEDULE Replacement Schedule

SCHEDULE  Replacement Schedule Regulation 2“SCHEDULE 1
Import Conditions Regulations 2(1), 4(7), 21, 36 and 37Part 1
Provisions Common to Several Categories of Product

Maximum residue limits and contaminants

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.

2

Council Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products.

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.

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.

5

Commission Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs.

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.

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.

Transmissible spongiform encephalopathies

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.

9

Commission Decision 2007/453/EC establishing the BSE status of member States or third countries or regions thereof according to the BSE risk .

Health certificates for imports of products of animal origin

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.

Health certification for animal products from New Zealand

11

Commission Decision 2003/56/EC on health certificates for the importation of live animals and animal products from New Zealand.

Animal and public health rules on imports of products of animal origin for human consumption

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.

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.

14

Council Regulation (EC) No 183/2005 laying down requirements for feed hygiene.

15

Council Regulation (EC) No 396/2005 on maximum levels of pesticides in or on food and feed of plant and animal origin.

16

Regulation (EC) No 853/2004 of the European Parliament and the Council laying down specific hygiene rules for food of animal origin.

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.

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.

19

Commission Regulation (EC) No 2073/2005 on microbiological criteria for foodstuffs.

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 (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.

21

Commission Regulation (EC) No 2075/2005 laying down specific rules on official controls for Trichinella in meat.

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 Parliament and of the Council.

Part 2
Fresh Meat of Bovine, Ovine and Caprine Animals and Swine

Third countries and health certification requirements for imports of fresh meat

1

Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat.

Argentina

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.

Australia

3

Commission Decision 83/384/EEC on the list of establishments in Australia approved for the purposes of importing fresh meat into the Community.

Botswana

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.

Brazil

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.

Canada

6

Commission Decision 87/258/EEC on the list of establishments in Canada approved for the purpose of importing fresh meat into the Community.

Chile

7

Commission Decision 87/124/EEC on the list of establishments in Chile approved for the purpose of importing fresh meat into the Community.

Croatia

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.

The Falkland Islands

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.

Greenland

10

Commission Decision 85/539/EEC on the list of establishments in Greenland approved for the purpose of importing fresh meat into the Community.

Iceland

11

Commission Decision 84/24/EEC on the list of establishments in Iceland approved for the purposes of importing fresh meat into the Community.

Former Yugoslav Republic of Macedonia

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.

Madagascar

13

Commission Decision 90/165/EEC on the list of establishments in Madagascar approved for the purpose of importing fresh meat into the Community.

Mexico

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.

Morocco

15

Commission Decision 86/65/EEC on the list of establishments in Morocco approved for the purpose of importing fresh meat into the Community.

Namibia

16

Commission Decision 90/432/EEC on the list of establishments in Namibia approved for the purpose of importing fresh meat into the Community.

New Caledonia

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.

New Zealand

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.

Paraguay

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.

South Africa

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.

Swaziland

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.

Switzerland

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.

United States of America

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.

Uruguay

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.

Federal Republic of Yugoslavia

25

Commission Decision 98/8/EC on the list of establishments in the Federal Republic of Yugoslavia approved for the purpose of importing fresh meat into the Community.

Zimbabwe

26

Commission Decision 85/473/EEC supplementing, by the addition of Zimbabwe, the list of third countries from which member States authorise imports of bovine animals, swine and fresh meat.

Health certificates—Canada

27

Commission Decision 2005/290/EC on simplified certificates for the importation of bovine semen and fresh pig meat from Canada.

Part 3
Meat Products

Third countries and health certification requirements for imports of meat products

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.

Third country establishments from which meat products may be imported

Argentina

2

Commission Decision 86/414/EEC on the list of establishments in Argentina approved for the purpose of importing meat products into the Community.

Botswana

3

Commission Decision 94/465/EC on the list of establishments in Botswana approved for the purpose of importing meat products into the Community.

Brazil

4

Commission Decision 87/119/EC on the list of establishments in Brazil approved for the purpose of importing meat products into the Community.

Namibia

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.

Uruguay

6

Commission Decision 86/473/EEC on the list of establishments in Uruguay approved for the purpose of importing meat products into the Community.

Zimbabwe

7

Commission Decision 94/40/EC on the list of establishments in Zimbabwe approved for the purpose of importing meat products into the Community.

Miscellaneous third countries

8

Commission Decision 97/365/EC drawing up provisional lists of third country establishments from which the member States authorise imports of products prepared from meat of bovine animals, swine, equidae and sheep and goats.

9

Commission Decision 97/569/EC drawing up provisional lists of third country establishments from which the member States authorise imports of meat products.

Part 4
Milk and Dairy Products

Third countries and health certification requirements for imports of milk and milk-based products

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.

Third country establishments from which milk and milk-based products may be imported

2

Commission Decision 97/252/EC drawing up provisional lists of third country establishments from which the member States authorise imports of milk and milk products for human consumption.

Part 5
Fresh Poultrymeat

General

1

Commission Regulation (EC) No 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.

Third country establishments from which fresh poultrymeat may be imported

2

Commission Decision 97/4/EC drawing up provisional lists of third country establishments from which the member States authorise imports of fresh poultrymeat.

Part 6
Wild Game Meat

General

1

Commission Decision 2000/585/EC drawing up a list of third countries from which member States authorise imports of rabbit meat and certain wild and farmed game meat, and laying down the animal and public health and the veterinary certification conditions for such imports.

Third country establishments from which game meat may be imported

2

Commission Decision 97/468/EC drawing up provisional lists of third country establishments from which the member States authorise imports of wild game meat.

Part 7
Minced Meat and Meat Preparations

Health certification requirements

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 (meat preparations).

2

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 (minced meat).

Third country establishments from which minced meat and meat preparations may be imported

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 .

Part 8
Miscellaneous Products

General

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.

Third countries from which products covered by Council Directive 92/118/EEC may be imported

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.

Third country establishments from which products covered by Council Directive 92/118/EEC may be imported

3

Commission Decision 97/467/EC drawing up provisional lists of third country establishments from which the member States authorise imports of rabbit meat and farmed game meat.

4

Commission Decision 99/120/EC drawing up provisional lists of third country establishments from which the member States authorise imports of animal casings.

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.

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.

Health certification requirements

7

Commission Decision 2000/585/EC laying down animal and public health conditions and veterinary certifications for import of wild and farmed game meat and rabbit meat from third countries.

8

Commission Decision 2003/779/EC laying down animal health requirements and the veterinary certification for the import of animal casings from third countries.

9

Commission Decision 2003/863/EC on health certificates for the importation of animal products from the United States of America.

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.

Animal by-products

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.

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.

13

Commission Decision 2004/407/EC on transitory 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.

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 use in medical devices, in vitro diagnostics and laboratory reagents and amending that Regulation.

15

Council Regulation (EC) No 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.

Hay and straw (third countries from which imports are permitted)

16

Commission Regulation (EC) No 136/2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries.

Composite products

17

Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496 and 97/78/EC.

Part 9
Genetic Material

Bovine material

1

Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species.

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.

3

Commission Decision 2008/155/EC establishing lists of embryo collection and production teams approved in third countries for export of bovine embryos to the Community.

4

Commission Decision 2004/639/EC laying down the importation conditions of semen of domestic animals of the bovine species.

5

Commission Decision 2006/168/EC establishing the animal health and veterinary certification requirements for imports into the Community of bovine embryos.

Porcine material

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.

7

Commission Decision 2002/613/EC laying down the importation conditions of semen of domestic animals of the porcine species.

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.

Ovine and caprine material

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.

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.

Equine material

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.

12

Commission Decision 96/539/EC on animal health requirements and veterinary certification for imports into the Community of semen of the equine species.

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.

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.

15

Commission Decision 2004/616/EC establishing the list of approved semen collection centres for imports of equine semen from third countries.

Fish material

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.

Part 10
Fishery Products

General provisions

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.

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.

3

Commission Decision 2003/858/EC laying down the animal health conditions and certification requirements for imports of live fish, their eggs and gametes intended for farming, live fish of aquaculture origin and products thereof intended for human consumption.

4

Commission Decision 2004/453/EC implementing Council Directive 91/67/EC as regards measures against certain diseases in aquaculture animals.

Health certification

5

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.

6

Commission Decision 2003/858/EC laying down the animal health conditions and certification requirements for imports of live fish, their eggs and gametes intended for farming, live fish of aquaculture origin and products thereof intended for human consumption.

7

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.

Third countries from which fishery products may be imported

8

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 Parliament and of the Council.

9

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.

Special import conditions for fishery products

United States of America

10

Commission Decision 2006/199/EC laying down specific conditions for imports of fishery products from the United States of America.

Part 11
Interpretation of this Schedule

Interpretation

1

All references to Community legislation in this Schedule are references to that legislation as amended from time to time.”

NOTES
Initial Commencement
Specified date

Specified date: 20 March 2009: see reg 1.

Trade & Freedom to Trade59 EU Agriculture & Fisheries59 EU Fisheries59 Animals59 EU Energy59 Consumer Law59 Food & Drugs59 Commercial Law59 Intra-Community Trade59 Fisheries59 European Union Law59 Competition Law59 Control of Animal Diseases59 EU Agriculture59 Agriculture, Animals & Fisheries59

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations replace Schedule 1 to the Products of Animal Origin (Third Country Imports) (Wales) Regulations 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 force.

The new Schedule provides that the provisions in Schedule 1 are now ambulatory.

A Regulatory Impact Assessment has not been prepared for this instrument as no impact on business, charities or voluntary bodies is foreseen.