OpenLegislation

Annex III

United Kingdom

Original text. Later amendments are not shown.

Annex IV to Regulation (EC) No 2535/2001 is amended as follows:

  1. (1)

    the title is replaced by the following:

    ‘CHECKING THE WEIGHT AND THE FAT CONTENT OF BUTTER ORIGINATING IN NEW ZEALAND IMPORTED UNDER SECTION 2 OF CHAPTER III OF REGULATION (EC) No 2535/2001’;

  2. (2)

    in Part 1, point (e) is deleted;

  3. (3)

    Part 2 is amended as follows:

    1. (a)

      point 2,2 is amended as follows:

      1. (i)

        in point (e), the third indent is deleted;

      2. (ii)

        point (i) is replaced by the following:

        1. (i)

          ‘in box 13, not less than 80 % but less than 85 % fat’;

    2. (b)

      point 2,3 is deleted.

  4. (4)

    Part 4 is amended as follows:

    1. (a)

      in point 4,1, the following paragraphs are added:

      ‘The competent authorities shall draw duplicate samples, one of which shall be held in secure custody in case of dispute.

      The laboratory undertaking the tests shall be authorised by a Member State to carry out official analyses and be recognised by that Member State as having competence in applying the method referred to above, as demonstrated by meeting the repeatability criterion when analysing blind duplicates and by successful participation in proficiency tests.’;

    2. (b)

      point 4,2 is deleted;

    3. (c)

      point 4,3 is replaced by the following:

      ‘4.3.

      Interpretation of control results — arithmetic mean

      (a)

      Compliance with the fat content requirements shall be assumed if the arithmetic mean of the sample results does not exceed 84,4 %.

      The competent authorities shall notify the Commission without delay of each case of non-compliance.

      (b)

      In case the compliance requirement under a) is not met, the lot covered by the relevant import declaration and IMA 1 certificate shall be imported in accordance with Article 36, except where the results of the analysis of the duplicate samples as referred to under point 4,5 do comply with the requirements.’;

    4. (d)

      point 4,4 is deleted;

    5. (e)

      point 4,5 is replaced by the following:

      ‘4.5.

      Disputed results

      The importer concerned may challenge the results of the analysis obtained by a competent authorities’ laboratory within seven working days of receiving these results, undertaking to pay for the costs of testing the duplicate samples. In this case the competent authorities shall send sealed duplicates of the samples analysed by its laboratory to a second laboratory. This second laboratory shall be authorised by a Member State to carry out official analyses and be recognised by that Member State as having competence in applying the method referred to in point 4,1, as demonstrated by meeting the repeatability criterion when analysing blind duplicates and by successful participation in proficiency tests.

      This second laboratory shall communicate the results of its analysis to the competent authorities promptly.

      The findings of the second laboratory are final.’;

    6. (f)

      point 4,6 is deleted.