European Union (Special Conditions Governing the Import of Certain Food from Certain Third Countries Due to Contamination Risk by Aflatoxins) Regulations 2015

• Jurisdiction: Ireland
• Citation: IR SI 250/2015
• Year: 2015

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th June, 2015.

I, LEO VARADKAR, Minister for Health, 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 effect to Commission Implementing Regulation (EU) No. 884/2014 of 13 August 20141 , insofar as it relates to food, hereby make the following regulations:

Part I

Preliminary

Citation

1. These Regulations may be cited as the European Union (Special Conditions Governing the Import of Certain Food from Certain Third Countries Due to Contamination Risk by Aflatoxins) Regulations 2015.

Interpretation

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” 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 the official language, or in one of the official languages, of the Member State where the designated point of entry is located and in English;

“consignment” means an identifiable quantity of—

(a) food referred to in Article 1(1) of, and Annex I to, EU Regulation 884/2014,

(b) food processed from food referred to in Article 1(1) of, and Annex I to, EU Regulation 884/2014, or

(c) compound food containing food referred to in Article 1(1) of, and Annex I to, EU Regulation 884/2014 in a quantity above 20 per cent,

delivered at one time and determined by an authorised officer to be 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 country;

“designated point of entry” means a particular point of entry designated by a competent authority of a Member State pursuant to Article 17 of EC Regulation 882/2004 for the purposes of importation of consignments, and in the case of the State, means such point designated by the State and listed on the website www.fsai.ie; 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, the designated point of entry shall be the latter port;

“designated point of import” means any point designated by the State, and listed on the website www.fsai.ie, through which a food, processed food or compound food referred to in Article 1 of, and Annex I to, EU Regulation 884/2014 may be imported into the European Economic Area;

“EC Regulation 669/2009” has the meaning assigned to it by Regulation 2(1) of the European Communities (Official Controls on the Import of Food of Non-Animal Origin) Regulations 2010 ( S.I. No. 391 of 2010 );

“EU Regulation 884/2014” means Commission Implementing Regulation (EU) No. 884/2014 of 13 August 20141;

“food business operator” means a food business operator engaged in the import of food, processed food or compound food, covered by Article 1 of, and Annex I to, EU Regulation 884/2014;

“General Food Law Regulation” means Regulation (EC) No. 178/2002 of the European Parliament and of the Council of 28 January 20022 ;

“health certificate” means the health certificate required by Article 5 of EU Regulation 884/2014, a model for which is set out in Annex II to that Regulation, completed in an official language of the exporting country and in English;

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

“Member State” means a State which is a contracting party to the Agreement on the European Economic Area signed in Oporto on 2 May 1992;

“official agency” means the Health Service Executive, carrying out functions under these Regulations and EU Regulation 884/2014, pursuant to section 48 of the Act of 1998;

“Official Controls Regulation” means Regulation (EC) No. 882/2004 of the European Parliament and of the Council of 29 April 20043 , as affected by the Corrigendum to Regulation (EC) No. 882/2004 of 28 May 20044 , as amended by Commission Regulation (EC) No. 1029/2008 of 20 October 20085 , Regulation (EC) No. 596/2009 of the European Parliament and of the Council of 18 June 20096 , Commission Regulation (EU) No. 208/2011 of 2 March 20117 (as corrected by Commission Regulation (EU) No. 880/2011 of 2 September 20118 ), Commission Regulation (EU) No. 563/2012 of 27 June 20129 , Council Regulation (EU) No. 517/2013 of 13 May 201310 and Regulation (EU) No. 652/2014 of the European Parliament and of the Council of 15 May 201411 ;

“official detention” has the meaning assigned to it by Article 2 of the Official Controls Regulation.

(2) A word or expression which is used in these Regulations and which is also used in EU Regulation 884/2014, the General Food Law Regulation, the Official Controls Regulation or EC Regulation 669/2009 has, unless the context otherwise requires, the same meaning in these Regulations as it has in EU Regulation 884/2014, the General Food Law Regulation, the Official Controls Regulation or EC Regulation 669/2009.

Food legislation

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

Part 2

General Provisions

Competent authority

4. The competent authority for the purposes of EU Regulation 884/2014 and of these Regulations shall be the Authority, or the official agency, as appropriate.

Carrying out of official controls

5. The Authority or the official agency, as the case may be, shall carry out official controls on consignments of food covered by EU Regulation 884/2014 in accordance with that Regulation and these Regulations.

Detention of consignments

6. The Authority or the official agency, as the case may be, may order the official detention of consignments of food where that is required to fulfil its obligations under EU Regulation 884/2014 and the place and duration of such detention shall be determined by the Authority or the official agency, as appropriate, subject to the time limit of 15 working days under Article 9(1) of EU Regulation 884/2014.

Import conditions

7. (1) Subject to paragraph (2), in the case of consignments of food, processed food or compound food imported from third countries and covered by Article 1 of, and Annex I to, EU Regulation 884/2014—

(a) food business operators may only import the consignment through the designated point of entry in the State for the particular food, or a designated point of entry in another Member State for the particular food;

(b) where the designated point of entry is in the State, food business operators or their representatives shall, at least one working day prior to the physical arrival of the consignment, notify the official agency at the designated point of entry of—

(i) the estimated date and time of the arrival, and

(ii) the nature of the consignment

by completing and transmitting Part I of the common entry document, taking into account the notes for guidance laid down in Annex III to EU Regulation 884/2014;

(c) where the designated point of entry is in another Member State, food business operators shall, at least one working day prior to the physical arrival of the consignment in the State, notify the official agency at the designated point of import by sending a copy of the common entry document completed as regards the documentary control by the competent authority at the designated point of entry;

(d) food business operators shall, at the time of presentation for import into the State, present the results of sampling and analysis in accordance with Article 4(1) of EU Regulation 884/2014;

(e) food business operators shall ensure that the sampling and analysis referred to in subparagraph (d) is performed in accordance with Commission Regulation (EC) No. 401/2006 of 23 February 200612 ;

(f) sampling and analysis for the official controls shall be carried out in accordance with Commission Regulation (EC) No. 401/2006 of 23 February 200612;

(g) in addition to the requirements of subparagraph (f), the sampling and analysis for the official control of aflatoxins shall be carried out in accordance with Part 4 of the European Communities (Certain Contaminants in Food) Regulations 2010 ( S.I. No. 218 of 2010 );

(h) food business...