Statutory Instruments
2010 No. 2068
Animals
The Seal Products Regulations 2010
Made
15th August 2010
Laid before Parliament
17th August 2010
Coming into force
20th August 2010
The Secretary of State is a Minister designated( 1 ) in relation to products derived from pinnipeds under section 2(2) of the European Communities Act 1972( 2 ).
These Regulations make provisions for a purpose mentioned in that section and it appears to the Secretary of State that it is expedient for references to Regulation (EC) No 1007/2009 of the European Parliament and of the Council on trade in seal products of 16th September 2009( 3 ) to be construed as references to that Regulation as amended from time to time.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972.
Title and commencement I1
1. These Regulations may be cited as the Seal Products Regulations 2010 and come into force on 20th August 2010.
Interpretation I2
2. In these Regulations—
[F1 “general customs official” means a customs official designated under section 3 of the Borders, Citizenship and Immigration Act 2009 ( 4 ) ; F1]
“the [F2 EU F2] Regulation” means Regulation (EC) No. 1007/2009 of the European Parliament and of the Council on trade in seal products of 16th September 2009 as amended from time to time;
“seal products” means all products, either processed or unprocessed, deriving or obtained from seals, including meat, oil, blubber, organs, raw fur skins and fur skins, tanned or dressed, including fur skins assembled in plates, crosses and similar forms, and articles made from fur skins.
Penalty for breach of the [F3 EU F3] Regulation I3
3. —(1) A person who breaches Article 3 of the [F4 EU F4] Regulation is guilty of an offence and is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum; and
(b) on conviction on indictment, to a fine not exceeding £75,000.
Enforcement authorities I4
4. —(1) It is the duty of a general customs official to enforce the EU Regulation at a place where goods are subject to customs supervision by that general customs official.
(2) For the purpose of paragraph (1), goods are subject to customs supervision within the meaning of establishing the Community Customs Code( Council Regulation (EEC) No 2913/92 5 ).
Enforcement authorities
[F6 4. Enforcement of the Regulation is an assigned matter within the meaning of section 1(1) of the Customs and Excise Management Act 1979. F6]
Competent Authority I5
5. The Secretary of State is the Competent Authority for the purpose of the [F5 EU F5] Regulation.
Jim Paice
Minister of State
Department for Environment, Food and Rural Affairs
1972 c. 68 . Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51) and amended by S.I. 2007/1388 and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7) .
OJ No L 286, 31.10.2009, p 36.
OJ No L 302, 19.10.1992, p 1, as last amended by Council Regulation (EC) 1791/2006 (OJ No L 363 20.12.2006, p 1).
OJ No L286, 31.10.2009, p.36.