Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/3461 |
2001 No. 3461 (W.280)
AGRICULTURE, WALES
The Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001
Made 16th October 2001
Coming into force 3rd November 2001
In exercise of the powers conferred on Ministers of the Crown by sections 66(1), 68(1) and (1A), 69(1), 74A and 84 of the Agriculture Act 19701,which are now exercisable in Wales by the National Assembly for Wales2, and after consultation as required by section 84(1) of that Act with the persons or organisations appearing to represent the interests concerned, and being designated3for the purposes of section 2(2) of the European Communities Act 19724in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2)5(in so far as these Regulations cannot be made under the powers in the Agriculture Act 1970 specified above), the National Assembly for Wales makes the following Regulations:
Title, application and commencement
1. These Regulations may be cited as the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001, shall apply to Wales only and shall come into force on 3rd November 2001.
Amendment of the Feeding Stuffs (Wales) Regulations 2001
2. The Feeding Stuffs (Wales) Regulations 20016shall be amended in accordance with regulations 3 to 16 below.
3. In regulation 2 (interpretation) —
(a) in paragraph (1) —
(i) after the definition of “European Economic Area Agreement” there shall be inserted the following definitions—
“
“European Economic Area approved Article 2.2(d) establishment” (“sefydliad a gymeradwywyd gan Ardal Economaidd Ewrop ar gyfer Erthyg 2.2(d)”) means an establishment listed on a register of approved establishments, maintained by a competent authority in a European Economic Area state which is neither the United Kingdom nor a member State, in implementation of Article 5 of the Establishments Directive, as an establishment on which a compound feeding stuff, of any kind the manufacture of which is regulated by Article 2.2(d) of that Directive, may be manufactured with a view to putting it into circulation;
“European Economic Area approved Article 2.2(f) establishment” (“sefydliad a gymeradwywyd gan Ardal Economaidd Ewrop ar gyfer Erthygl 2.2(f)”) means an establishment listed on a register of approved establishments, maintained by a competent authority in a European Economic Area state which is neither the United Kingdom nor a member State, in implementation of Article 5 of the Establishments Directive, as an establishment on which a compound feeding stuff, of any kind the production of which is regulated by Article 2.2(f) of that Directive, may be produced for the exclusive requirements of the producer’s holding;
“European Economic Area permitted Article 2.2(d) establishment” (“sefydliad a ganiateir gan Ardal Economaidd Ewrop ar gyfer Erthygl 2.2(d)”) means an establishment located in a European Economic Area state which is neither the United Kingdom nor a member State (other than an European Economic Area approved Article 2.2(d) establishment or an establishment which a competent authority in that European Economic Area state has declined to approve as such an establishment) —
(a) on which a compound feeding stuff, of any kind the manufacture of which is regulated by Article 2.2(d) of the Establishments Directive, was being manufactured, with a view to putting it into circulation, on 10th March 2000, and
(b) in respect of which, before 10th August 2000, an application (which is pending) was made to a competent authority in the European Economic Area state concerned, in accordance with any requirements in that State for the making of such applications, to approve the establishment, pursuant to the Establishments Directive, as an establishment on which a compound feeding stuff of any such kind may be manufactured with a view to putting it into circulation;
“European Economic Area permitted Article 2.2(f) establishment” (“sefydliad a ganiateir gan Ardal Economaidd Ewrop ar gyfer Erthygl 2.2(f)”) means an establishment located in a European Economic Area state which is neither the United Kingdom nor a member State (other than a European Economic Area approved Article 2.2(f) establishment or an establishment which a competent authority in that European Economic Area state has declined to approve as such an establishment) —
(a) on which a compound feeding stuff, of any kind the production of which is regulated by Article 2.2(f) of the Establishments Directive, was being produced, for the exclusive requirements of the producer’s holding, on 10th March 2000, and
(b) in respect of which before 10th August 2000, an application (which is pending) was made to a competent authority in the European Economic Area state concerned, in accordance with any requirements in that State for the making of such applications, to approve the establishment, pursuant to the Establishments Directive, as an establishment on which a compound feeding stuff of any such kind may be produced for the exclusive requirements of the producer’s holding;
”;
(ii) for the definition of “put into circulation”, there shall be substituted the following definition —
“
“put into circulation” (“rhoi mewn cylchrediad”) means sell or otherwise transfer, have in possession with a view to selling or otherwise transferring, or offer for sale, to a third party, but, in regulation 14(3), (4) and (7), also means import into Wales from a country which is neither an European Economic Area state nor part of an European Economic Area state;
”; and
(iii) for the definition of “third country” there shall be substituted the following definition —
“
“third country” (“trydedd wlad”) means a country other than an European Economic Area state;
”;
(b) paragraph (2) shall be omitted; and
(c) in paragraph (8), for the words “these Regulations are made” there shall be substituted the words “the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001 are made”.
4.—(1) In each of the provisions specified in paragraph (2) below, after the words “the Feeding Stuffs (Wales) Regulations 2001” there shall be added the words “as amended by the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001”.
(2) The provisions referred to in paragraph (1) above are regulations 7(1), 24(1) and 25(b).
5. In regulation 7 (limits of variation), for paragraph (3)(a) and (b) there shall be substituted the following paragraphs —
“
(a)
(a) the material was first sold, or otherwise put into circulation, in a member State or in a European Economic Area state (other than the United Kingdom) which is not a member State,
(b)
(b) the mis-statement did not, at the time of putting into circulation, exceed any limits of variation prescribed in relation thereto in the State concerned, and
6. In regulation 9 (manner of packaging and sealing compound feeding stuffs, additives and premixtures) —
(a) in paragraph (1), for the words “no person shall sell a compound feeding stuff, or any additive or premixture” there shall be substituted the words “no person shall put into circulation a compound feeding stuff, or sell any additive or premixture”;
(b) in each of paragraphs (2) and (3), for the word “sold” there shall be substituted the words “put into circulation”; and
(c) in paragraph 2(a), for the words “or sellers of compound feeding stuffs” there shall be substituted the words “of compound feeding stuffs or those putting them into circulation”.
7.—(1) In each of the provisions specified in paragraph (2) below, for the words “sell, or have in possession with a view to sale” there shall be substituted the words “put into circulation”.
(2) The provisions referred to in paragraph (1) above are regulations 10(3)(b) and (4), 13(1), 15, 16(1) and 17(1).
8. In regulation 10 (control of feed materials) for paragraph (6) there shall be substituted the following paragraphs —
“
6 Without prejudice to sections 73 and 73A, no person shall import into Wales from any country which is neither a member State, nor an European Economic Area state which is not a member State, nor another part of the United Kingdom, supply (otherwise than on sale) or have in possession with a view to so supplying, any feed material, or use any feed material, which is deleterious or dangerous to farmed creatures, to pet animals or, through consumption of the products of any animal fed with the feed material, to human beings.
6A No person shall import into Wales from any country which is neither a member State, nor an European Economic Area state which is not a member State, nor another part of the United Kingdom, sell or have in possession with a view to sale, supply (otherwise than on sale) or have in possession with a view to so supplying, any feed material, or use any feed material, which is deleterious to the environment.
9. In regulation 12 (control of feeding stuffs and feed materials containing undesirable substances) —
(a) in paragraph (4) —
(i) in subparagraph (a)(iii) the word “or” shall be omitted; and
(ii) after subparagraph (a)(iv) there shall be added the following provisions —
“
(v)
(v) a European Economic Area approved or permitted Article 2.2(d) establishment or;
(vi)
(vi) a European Economic Area approved or permitted Article 2.2(f)...
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