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	Statutory Instruments made by the National Assembly for Wales
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(a) for the definition of "the Commission Decision" there is substituted the following definition  - 

" "the Commission Decision" ("Penderfyniad y Comisiwn") means Commission Decision 2005/85/EC imposing special conditions on the import of pistachios and certain products derived from pistachios originating in, or consigned from Iran[4];"; and

(b) for the definition of "Directive 98/53/EC" there is substituted the following definition  - 

" "Directive 98/53/EC" ("Cyfarwyddeb 98/53/EC") means Commission Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs[5] as last amended by Commission Directive 2004/43/EC[6];".

    (3) For paragraph (1) of regulation 3 (prohibition on import) there is substituted the following paragraph  - 

    " (1) Subject to paragraph (3), no person is to import into Wales any Iranian pistachios unless  - 


(a) the conditions specified in Article 1.1, 3, 5 and (so far as applicable at the point of import) 7 of the Commission Decision are satisfied in relation to those pistachios; and

(b) the costs resulting from sampling, analysis, storage and issuing of accompanying official documents and of copies of health certificates and accompanying documents pursuant to Article 1.4 to 7 of the Commission Decision have been met.".

    (4) For paragraph (4) of regulation 4 (enforcement) there is substituted the following paragraph  - 

    " (4) The requirements are those specified in  - 


(a) Article 1.4 of the Commission Decision (which is concerned with documentary checks relating to consignments of Iranian pistachios);

(b) Article 1.5 and 1.6 of that Decision (which is concerned with the sampling and analysis of such consignments), other than the requirement under Article 1.5 to supply the Commission with specified information; and

(c) Article 1.7 of that Decision (which is concerned with the case where consignments are split).".

    (5) For regulation 6 (re-dispatch or destruction of illegal imports) there is substituted the following regulation  - 

     " 6.  - (1) If on an inspection or examination of any Iranian pistachios it appears to an authorised officer of a port health authority or as the case may be food authority that they have been imported in contravention of paragraph (1) or (2) of regulation 3 he or she may after appropriate consultation with a person appearing to him or her to be the importer of the pistachios serve on that person a notice requiring  - 


(a) the re-dispatch of the pistachios outside the European Community within such reasonable period as is specified in the notice if all costs related to official measures taken in respect of those pistachios and identified in that notice have been met; or

(b) if  - 


(i) such re-dispatch would in his or her opinion involve serious risks to human health, or

(ii) such costs have not been met,



the destruction of the pistachios within such reasonable period as is specified in the notice.



    (2) If a notice has been served under sub-paragraph (a) of paragraph (1) and the pistachios concerned have not been re-dispatched outside the European Community within the period specified in the notice, an authorised officer of the port health authority or the food authority whose authorised officer served it may after appropriate consultation with the person appearing to him or her to be the importer of the pistachios serve on that person a notice requiring the destruction of the pistachios within such reasonable period as is specified in the notice.

    (3) A notice served under paragraph (1) or (2) is to state  - 



(a) the right of appeal to a magistrates' court; and

(b) the period within which such an appeal may be brought.



    (4) Any person who is aggrieved by a decision of an authorised officer to serve a notice under paragraph (1) or (2) may appeal to a magistrates' court, which is to determine whether the notice should be upheld or set aside.

    (5) The period within which such an appeal as is mentioned in paragraph (4) may be brought is 6 days from the date on which the notice was served exclusive of Saturdays, Sundays and Public Holidays and the making of the complaint is deemed for the purpose of this paragraph to be the bringing of the appeal.

    (6) The procedure on an appeal to a magistrates' court under paragraph (4) is to be by way of complaint for an order and the Magistrates' Court Act 1980[7] applies to the proceedings.

    (7) If the court allows an appeal brought under paragraph (4) the authority concerned is to compensate the owner of the Iranian pistachios concerned for any depreciation in their value resulting from the action taken by the authorised officer.

    (8) Any disputed question as to the right to or the amount of any compensation payable under paragraph (7) is to be determined by arbitration.

    (9) Any person who breaches the terms of a notice served under paragraph (1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months.".

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[8].


8 February 2005


D. Elis-Thomas
The Presiding Officer of the National Assembly

     3. The change described in paragraph 2(a) above is effected by substituting a definition of the new Decision for the definition of Commission Decision 97/830/EC in regulation 2(1) of S.I. 2003/2288 and making consequential changes to regulations 3(1) and 4(4) of that instrument (regulation 2(2)(a), (3) and (4)).

     4. The change described in paragraph 2(b) above is effected by amending regulations 3(1) and 6(1) of S.I. 2003/2288 to make it a condition of import that the costs relating to import controls have been met and a condition of re-dispatch of non-compliant consignments that the costs relating to official measures taken against them have been met (regulation 2(3) and (5)).

     5. These Regulations insert a revised definition of Commission Directive 98/53/EC into regulation 2(1) of S.I. 2003/2288 to reflect the amendments made to that Directive (regulation 2(2)(b)).

     6. These Regulations insert a new paragraph (2) into regulation 6 of S.I. 2003/2288, which provides that illegal imports of Iranian pistachios may be destroyed if they are not re-dispatched within the period specified in a notice requiring re-dispatch (regulation 2(5)).

     7. No regulatory appraisal has been prepared in relation to these Regulations.

[2] 1972 c.68.back

[3] S.I. 2003/2288 (W.227), amended by S.I. 2004/245 (W.24) and S.I. 2004/1804 (W.192).back

[4] OJ No. L30, 3.2.2005, p12.back

[5] OJ No. L201, 17.7.98, p.93.back

[6] OJ No. L113, 20.4.2004, p.14.back

[7] 1980 c.43.back

[8] 1998 c.38.back

  © Crown copyright 2005