S.I. No. 533/2003 - European Communities (Fees on Imports of Products of Animal Origin From Third Countries) Regulations, 2003

I, Joe Walsh, Minister for Agriculture and Food 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 96/43/EC¹ of 26 June 1996 with respect to fees on imports of products of animal origin from third countries, hereby make the following Regulations:-

Citation and Interpretation

 1. (1)   These Regulations may be cited as the European Communities (Fees on Imports of Products of Animal Origin from Third Countries) Regulations, 2003.

 (2)   These Regulations shall come into operation on the 10th day of November, 2003.

 2. (1)   In these Regulations —

“border inspection post” means a border inspection post listed in Commission Decision 2001/881/EC² and situated in the State;

“the Council Directive” means Council Directive No. 96/43/EC¹ of 26 June 1996 amending and consolidating Directive 85/73/EEC³ on the financing of veterinary inspections and controls on live animals and certain animal products and amending Directives 90/675/EEC⁴ and 91/496/EEC⁵ ;

“import” means to bring products of animal origin 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, 1996 (No. 6 of 1996);

“Minister” means the Minister for Agriculture and Food;

“products” means products to which Council Directive 72/462/EEC⁶ , Council Directive 89/662/EC⁷ , Council Directive 90/425/EEC⁸ , Regulation 1774/2002⁹ of the European Parliament and of the Council and Council Directive 2002/99/EEC¹⁰ , except fishery products, 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.

Application of fee in respect of import from 3^rd countries

 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 97/78/EC¹¹ of 18 December 1997.

 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.

Revocation

 7.  The European Communities (Fees on Imports of Products of Animal Origin from Third Countries) Regulations, 2000 are revoked.

SCHEDULE

The amount of the fee payable under Regulation 5 shall be: -

in the case of fresh meat of bovine animals, swine, sheep, goats, domestic solipeds, poultrymeat, wild game meat, rabbit meat and farmed game meat:

 -          €10.00 per tonne or part of a tonne with a minimum amount of €100.00 per consignment;

in the case of all other animal products:

 -          €100.00 per consignment.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations increase the fees for meat and extend and consolidate the list of products of animal origin for which fees are levied in respect of veterinary checks on direct imports of products of animal origin into Ireland from third countries as required under Chapter II of Annex A to the Annex of Council Directive 96/43/EEC. These fees cover all products of animal origin.

¹ O.J. No. L162 of 1.7.1996, p 1

² O.J. No. L326 of 11.12.2001, p 44

¹ O.J. No. L162 of 1.7.1996, p 1

³ O.J. No. L32 of 5.2.1985, p 14

⁴ O.J. No. L373 of 13.12.1990, p 1

⁵ O.J. No. 268 of 24.9.1991, p 56

⁶ O.J. No. L 302 of 31.12.1972, p 28

⁷ O.J. No. L 395 of 30.12.1989, p 13

⁸ O.J. No. L224 of 18.8.1990, p 29

⁹ O.J. No. L 273 of 10.10.2002, p 1

¹⁰ O.J. No. L. 18 of 23.1.2003, p 11

¹¹ O.J. L 24 of 30,1.1998, p 3