Statutory Rules of Northern Ireland

(a) in paragraph (1) - 


(i) after the definition of "EEA Agreement" there shall be inserted the following definitions - 

" "EEA approved Article 2.2(d) establishment" means an establishment listed on a register of approved establishments, maintained by a competent authority in an EEA 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;
"EEA approved Article 2.2(f) establishment" means an establishment listed on a register of approved establishments, maintained by a competent authority in an EEA 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;
"EEA permitted Article 2.2(d) establishment" means an establishment located in an EEA State which is neither the United Kingdom nor a member State (other than an EEA approved Article 2.2(d) establishment or an establishment which a competent authority in that EEA 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 EEA 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;


"EEA permitted Article 2.2(f) establishment" means an establishment located in an EEA State which is neither the United Kingdom nor a member State (other than an EEA approved Article 2.2(f) establishment or an establishment which a competent authority in that EEA 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 EEA 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" 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 12(3), (4) and (7), also means import into Northern Ireland from a country which is neither an EEA State nor part of an EEA State;"; and

(iii) for the definition of "third country" there shall be substituted the following definition - 

" "third country" means a country other than an EEA State;";

(b) paragraph (2) shall be omitted; and

(c) for paragraph (8) there shall be substituted the following paragraph - 

    " (8) Any reference in these Regulations to a European Community Directive, Regulation or Decision shall be construed as a reference to that Directive or, as the case may be, Regulation or Decision, as amended as at the date the Feeding Stuffs (Amendment) Regulations (Northern Ireland) 2001 are made.".

(a) Directive 2000/16/EC of the European Parliament and the Council amending Council Direstive 79/393/EEC on the marketing of compounds feedingstuffs and Council Directive 96/25/EC on the circulation of feed materials (O.J. N0. L105, 3.5.2000, p. 36), and

(b) Commission Decision 2000/285/EEC amending Decision 91/516/EEC establishing a list of ingredients whose use is prohibited in compound feedingstuffs (O.J. No. L94, 14.4.2000, p. 43).

These Regulations also provide for the enforcement of the following new European Community Regulations - 

(a) Commission Regulation (EC) No. 2437/2000 concerning the permanent authorisation of an additive and the provisional authorisation of new additives in feedingstuffs (O.J. No. L280, 4.11.2000, p. 28),

(b) Commission Regulation (EC) No. 418/2001 concerning the authorisation of new additives and uses of additives in feedingstuffs (O.J. No. L62, 2.3.2001, p. 3), and

(c) Commission Regulation (EC) No. 937/2001 concerning the authorisation of new additive uses, new additive preparation, the prolongative of provisional authorisation and the 10 year authorisation of an additive in feedingstuffs (O.J. No. L 130, 12.5.2001, p. 25).

The main changes to the principal Regulations are as follows:

(a) the controls on the sale and possession with a view to sale of compound feeding stuffs are extended to cover their supply other than by sale, and their possession with a view to such supply (regulations 6, 7, 12 and 16(a), (f), (g), (i), (j) and (k);

(b) prohibitions are added on the importation, supply, possession with a view to such supply and use of feed materials harmful to animals, to humans consuming products of such animals or to the environment. As regards the environment, the prohibition is applied also to sale and possession with a view to sale (regulation 8);

(c) the prohibition on the sale for use as a compound feeding stuff, or of "sludge from sewage plants treating waste water", is replaced by one on the sale or use of "waste obtained from the treatment of waste water" (regulation 11);

(d) additional labelling requirements are prescribed for feed material and compound feeding stuffs (regulation 16(c) and (e) respectively);

(e) the scope of certain provisions, previously applying only in relation to member States of the European Community, is extended to cover all States which are signatories to the Agreement on the European Economic Area (regulations 5, 10 and 17).

In addition, the Regulations make minor and consequential amendments to the principal Regulations and consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999.