European Communities (Official Controls on the Import of Food of Non-Animal Origin) Regulations, 2010

• Jurisdiction: Ireland
• Citation: IR SI 391/2010
• Year: 2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th August, 2010.

I, MARY HARNEY, Minister for Health and Children, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving further effect to Commission Regulation (EC) No. 882/2004 of the European Parliament and of the Council of 29 April 2004 1 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules, as affected by the Corrigendum to Regulation (EC) No. 882/2004 of 28 May 2004 2 and as amended by Council Regulation (EC) No. 301/2008 of 17 March 2008 3 and Commission Regulation (EC) No. 1029/2008 of 20 October 2008 4 , and for the purpose of giving further effect to Commission Regulation (EC) No. 669/2009 of 24 July 2009 5 implementing Regulation (EC) No. 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC, as amended by Commission Regulation (EU) No. 212/2010 of 12 March 2010 6 , hereby make the following regulations:

PART 1 INTERPRETATION

1. These Regulations may be cited as the European Communities (Official Controls on the Import of Food of Non-Animal Origin) Regulations 2010.

2. (1) In these Regulations—

“Act of 1998” means the Food Safety Authority of Ireland Act 1998 (No. 29 of 1998);

“authorised officer” means an authorised officer appointed under section 49 of the Act of 1998;

“Authority” means the Food Safety Authority of Ireland, established under section 9 of the Act of 1998;

“common entry document (CED)” means the document to be completed by the food business operator or its representative as provided for in Article 6 of EC Regulation 669/2009, a model of which is set out in Annex II to EC Regulation 669/2009, and by the competent authority confirming completion of official controls, completed in English;

“consignment” means a quantity of food of non-animal origin of the same class or description, covered by the same document(s), conveyed by the same means of transport and coming from the same third country or part of such third country;

“designated point of entry (DPE)” means a particular point of entry designated by the State pursuant to Article 17 of EC Regulation 882/2004, and listed on the website www.fsai.ie for the purposes of importation of a product listed in Annex I to EC Regulation 669/2009; in cases of consignments arriving by sea, which are unloaded at a port in the State for the purposes of being loaded on another vessel for onwards transportation to a port in another Member State of the European Union, the designated point of entry shall be the latter port;

“EC Regulation 882/2004” means Commission Regulation (EC) No. 882/2004 of the European Parliament and of the Council of 29 April 2004 1 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules, as affected by the Corrigendum to Regulation (EC) No. 882/2004 of 28 May 2004 2 and as amended by Council Regulation (EC) No. 301/2008 of 17 March 2008 3 and Commission Regulation (EC) No. 1029/2008 of 20 October 2008 4 ;

“EC Regulation 669/2009” means Commission Regulation (EC) No. 669/2009 of 24 July 2009 5 implementing Regulation (EC) No. 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC, as amended by Commission Regulation (EU) No. 212/2010 of 12 March 2010 6 ;

“EC Regulations” means EC Regulation 882/2004 and EC Regulation 669/2009;

“food legislation” means—

(a) the Acts (including any instruments made thereunder) specified in Part I of the First Schedule to the Act of 1998 insofar as they relate to food safety and hygiene,

(b) the statutory instruments specified in Part II of the First Schedule to the Act of 1998 insofar as they relate to food safety and hygiene,

(c) the Regulations of an institution of the European Communities specified in Part III of the First Schedule to the Act of 1998 insofar as they relate to food safety and hygiene,

(d) any Act passed by the Oireachtas or any statutory instrument made thereunder or regulation made under the European Communities Act 1972 and deemed to be food legislation for the purposes of the Act of 1998;

“General Food Law Regulation” means Regulation (EC) No. 178/2002 of the European Parliament and of the Council of 28 January 2002 7 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;

“Health Service Executive” (HSE) means the Heath Service Executive, established under section 6 of the Health Act 2004 (No. 42 of 2004);

“official agency” means the Heath Service Executive, carrying out functions under these Regulations and the EC Regulations pursuant to section 48 of the Act of 1998;

“official detention” has the meaning assigned to it by Article 2(13) of EC Regulation 882/2004.

(2) A word or expression which is used in these Regulations and which is also used in the EC Regulations or in the General Food Law Regulations has, unless the context otherwise requires, the same meaning in these Regulations as it has in the EC Regulations or in the General Food Law Regulation.

(3) (a) A reference in these Regulations to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other Regulations is intended.

(b) A reference in these Regulations to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(c) A reference in these Regulations to an Article is to an Article of the EC Regulations, unless it is indicated that reference to some other instrument is intended.

(4) These Regulations shall not apply to food businesses engaged in activities which are subject to the European Communities (Food and Feed Hygiene) Regulations 2009 ( S.I. No. 432 of 2009 ), only to the extent that the food business engages in those activities.

3. These Regulations shall be deemed to be food legislation for the purposes of the Act of 1998.

PART 2 GENERAL PROVISIONS

4. (1) The competent authority for the purposes of Chapter V of Title II of EC Regulation 882/2004 shall be the Authority or the official agency, as appropriate.

(2) The competent authority for the purposes of EC Regulation 669/2009 shall be the Authority or the official agency, as appropriate.

(3) For the purposes of enabling them to fulfil the obligations placed upon them by the EC Regulations, the Authority and the official agency may exchange among themselves, or provide to any other bodies designated in the State as competent authorities for the purposes of the EC Regulations, any information received by them in the execution and enforcement of the EC Regulations, except where such exchange would infringe national legislation.

(4) Paragraph (3) is without prejudice to any other power of competent authorities to disclose information by or under Community legislation.

5. The Authority or the official agency, as the case may be, shall carry out official controls on food...