S.I. No. 231/1995 - European Communities (Fees on Imports of Products of Animal Origin From Third Countries) Regulations, 1995.

S.I. No. 231 of 1995.

EUROPEAN COMMUNITIES (FEES ON IMPORTS OF PRODUCTS OF ANIMAL ORIGIN FROM THIRD COUNTRIES) REGULATIONS, 1995.

I, IVAN YATES, Minister for Agriculture, Food and Forestry, 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 Council Directive 85/73/EEC of 29 January 1985 as amended by Council Directives 93/118/EC of 22 December 1993 and 94/64/EC of 14 December 1994 with respect to fees on imports of products of animal origin from third countries, hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Fees on imports of Products of Animal Origin from Third Countries) Regulations, 1995.

(2) These Regulations shall come into operation on the 1st day of September, 1995.

2. (1) In these Regulations:

"border inspection post" means a border inspection post listed in Commission Decision 94/24/EC and situated in the State;

"the Council Directive" means Directive 85/73/EEC of 29 January 1985 as amended by Council Directives 93/118/EC of 22 December 1993 and 94/64/EC of 14 December 1994 on the financing of veterinary inspections and controls of animal products covered by Annex A to Directive 89/662/EEC and by Directive 90/675/EEC;

"import" means brought directly into the State from a third country by any means whatsoever and intended for final destination within the State or any other Member State;

"importer" means any person who, whether as owner, consignor, consignee, agent or broker, is in possession of or in any way entitled to the custody or control of any imported product of animal origin;

"inspector" means an inspector within the meaning of the Diseases of Animals Act, 1966 (No. 6 of 1966);

"Minister" means the Minister for Agriculture, Food and Forestry;

"products" means products to which Council Directives 89/662, 90/675 and 92/118 apply;

"third country" means a country which is not a Member State of the European Community.

(2) In these Regulations a reference to a Regulation or Schedule is to a Regulation of or Schedule to these Regulations, unless it appears that reference to some other provision is intended.

(3) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the Council Directive.

3. The Minister shall charge and levy a fee, to be paid by an importer, on each consignment of products of animal origin imported directly into the European Community from a third country at a border inspection post, in respect of veterinary checks pursuant to Council Directive 90/675/EEC of 10 December 1990.

4. The products of animal origin and the rates of fees to be charged are specified in the Schedule.

5. The fee under these Regulations shall fall due and is payable on the date on which the consignment is checked at the border inspection post and approved for entry into the European Community by the inspector.

6. The inspector shall not release the consignment for circulation into the European Community until the fee due under these Regulations has been paid.

SCHEDULE.

The amount of the fee payable under Regulation 3 shall be:—

in the case of fresh meat of bovine animals, swine, sheep, goats and domestic solipeds:

— £4.00 per tonne or part of a tonne with a minimum amount of £24.00 per consignment.

GIVEN under my Official Seal, this 4th day of August, 1995.

IVAN YATES,

Minister for Agriculture, Food and Forestry.

EXPLANATORY NOTE.

These Regulations implement Council Directive 85/73/EEC of 29 January 1985 as amended by Council Directives 93/118/EC of 22 December 1993 and 94/64/EC of 14 December 1994, in particular with respect to the charging of fees for veterinary checks on direct imports of products of animal origin into Ireland from third countries.