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The Department of Agriculture and Rural Development, being a Department designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2) and of every other power enabling it in that behalf, hereby makes the following Regulations: Citation and commencement 1. These Regulations may be cited as the Bovines and Bovine Products (Trade) (Amendment) Regulations (Northern Ireland) 2001 and shall come into operation on 21st June 2001. Interpretation 2. The Interpretation Act (Northern Ireland) 1954[3] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly. Amendments to the Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1999 3. - (1) The Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1999[4] shall be amended in accordance with paragraphs (2) to (5). (2) In regulation 2(2) -
(b) ECHS goods (other than any such goods destined for placing on the market in the United Kingdom); (c) foreign origin export eligible goods; or (d) any goods containing a mixture of one or more of those types of goods and which contain no other ingredient derived from a bovine animal;"; and
(b) after the definition of "official seal" there shall be substituted the following definition -
(3) For regulation 12 (Approval of establishments for the preparation or despatch of foreign origin export eligible goods, DBES goods and ECHS goods and foreign origin bovine by-products) there shall be substituted the following regulation -
12. - (1) A person shall not use any premises -
(b) for the production of foreign origin bovine by-products (whether or not those goods are intended for despatch to a member state or third country),
unless those premises are approved under paragraph (2) for the production of, as the case may be, DBES goods, ECHS goods, foreign origin export eligible goods or foreign origin export eligible by-products of that type.
(b) as an establishment which is not an export dedicated establishment,
if, and only if, following an inspection of that establishment by a veterinary inspector, it is satisfied that in relation to the establishment, the relevant requirements of paragraph (3) are satisfied.
(b) in the case of an export dedicated establishment that it is not used for the preparation of any goods derived from bovine animals other than export eligible goods or DBES goods or ECHS goods destined for placing on the market in the United Kingdom; (c) in the case of an establishment which is not an export dedicated establishment, that is not used for the preparation (other than cold storage) of any DBES goods or ECHS goods destined for despatch from Northern Ireland to another member State or third country; (d) in respect of an export dedicated establishment -
(ii) all parts of the premises, and equipment on the premises, used for the production, processing, treatment, handling, storage, loading or unloading of any bovine product not eligible for despatch abroad have been thoroughly cleaned after the last such use and procedures must have been put in place to prevent entry onto the premises of bovine products which are not eligible for despatch abroad other than DBES goods or ECHS goods destined for placing on the market in the United Kingdom;
(e) in respect of an export dedicated establishment that the methods of operation for the preparation of export eligible goods comply with the requirements set out in column (1) in Schedule 2 and the Department has determined how those requirements are to apply to the establishment as set out opposite thereto in columns (2) and (3);
(ii) to record all amounts of incoming and outgoing materials and to cross-check consignments entering the establishment against those leaving it;
(4) An application for the approval of any establishment under paragraph (2) shall be made in such form and shall contain such particulars as the Department may require.
(b) the operator has failed to give any notice that he was required to give or obtained any agreement he was required to have under regulation 13(14) or (15); or (c) ECHS goods, DBES goods or foreign origin export eligible goods are no longer prepared there,
the Department may withdraw the approval and, where it does so, it shall give notice to the operator of the establishment of that withdrawal and the reason for it.".
(4) For regulation 13 (Requirements imposed on the operator of an establishment approved under regulation 12(2)) there shall be substituted the following regulation -
13. - (1) The operator of an establishment approved under regulation 12(2) shall ensure that -
(b) any inspector, and any person acting under the responsibility of an inspector, is provided with adequate facilities so as to enable him to carry out his functions under these Regulations in relation to the establishment and that he is given such reasonable assistance and access to such records (including any records held in electronic form) as he may at any reasonable time require for that purpose.
(2) The operator of any establishment approved under regulation 12(2) shall ensure that, in respect of the preparation at the establishment of any export eligible goods, -
(b) where the establishment is approved as an export dedicated establishment, the methods of operation for the preparation of export eligible goods comply with the requirements set out in column (1) of Schedule 2 in accordance with the determination made by the Department under regulation 12(3)(e) as to the application of those requirements to the establishment; and (c) where the establishment is approved as an establishment other than an export dedicated establishment, the methods of operation for the preparation of foreign origin export eligible goods comply with the requirements of column (1) of Schedule 3 in accordance with the determination made by the Department under regulation 12(3)(f) as to the application of those requirements to the establishment.
(3) The operator of an establishment approved under regulation 12(2) shall ensure that all export eligible goods prepared there, other than -
(b) food for domestic carnivores (whether or not destined for placing on the market in the United Kingdom),
are marked or labelled with an additional mark before a relevant despatch of the goods from the establishment.
(b) a despatch of the goods from the establishment in question to any establishment approved under these Regulations for the purpose of a despatch of the goods from that establishment, or subsequently from any other such establishment, from Northern Ireland to a member State or a third country; or (c) a despatch of the goods from the establishment in question to any export dedicated establishment, whether or not for the purpose of despatch from that establishment, or subsequently from any other such establishment, from Northern Ireland to a member State or a third country.
(5) The operator of an establishment approved under regulation 12(2) shall not mark any goods with an additional mark other than those required to be so marked under paragraph (3).
(b) are dispatched from the establishment in means of transport, or in a lockable chamber or lockable container, for the purpose of being carried on any means of transport, sealed by a veterinary inspector or a person acting under his responsibility.
(8) The operator of an establishment approved under regulation 12(2) shall ensure that all foreign origin export eligible goods or foreign origin bovine by-products are unloaded, processed or treated, stored, handled, loaded and transported separately, or at different times, from bovine products which do not comply with the conditions set out in Articles 6 and 7 and 9 to 13 of the Council Decision.
(b) possess or use the instruments or labels intended to be used in connection with any additional mark.
(11) A person shall not produce, modify, store, sell or otherwise offer, expose or advertise for sale or supply, or deposit with or consign to, any other person for the purpose of sale or supply -
(b) any label or packaging bearing any additional mark; or (c) an official seal,
except in accordance with the instructions of a veterinary inspector.
(b) in the case of the instrument, label or packaging to give instructions for the use thereof at the establishment in connection with any additional mark.
(13) The operator of an establishment approved under regulation 12(2) shall ensure that, any export eligible goods prepared at that establishment which become destined for placing on the market in the United Kingdom, bear any additional mark, that mark is removed or cancelled at whichever of the following times first occurred, that is to say -
(b) at the time when the goods leave the establishment.
(14) The operator of an establishment approved under regulation 12(2) shall give the Department written notice of, and shall obtain its agreement to, any material change he intends to make to any of the facilities or processes used at that establishment in the preparation of foreign origin export eligible goods, DBES goods or ECHS goods before making any such change.
(b) to any facilities, processes or methods of operation used at that establishment in the production of any foreign origin bovine by-products,
before making any such change.".
(5) For requirement 5 in the first column of Schedule 2 (Required methods of operation for the preparation of export eligible goods in export dedicated establishments) there shall be substituted the following requirement -
(This note is not part of the Regulations.) 1. These Regulations amend the Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1999 which implemented in respect of Northern Ireland the requirements of Commission Decision 98/692/EC (O.J. No. L328, 4.12.98, p. 28) amending Council Decision 98/256/EC (O.J. No. L113, 15.4.98, p. 32). 2. The effect of the amendments is to permit the despatch of bone-in beef from premises approved under the Date Based Export Scheme and the Export Certified Herds Scheme to the domestic market. Notes: [1] S.I. 1972/1811back
ISBN 0-337-93952-7
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