United Kingdom Statutory Instruments

(a) the new Decision extends in relation to curry powder the emergency measures previously set out in Commission Decision 2003/460/EC in relation to chillies which have been dried and crushed or ground. This change is implemented by inserting a revised definition of "hot chilli and hot chilli products" into S.I. 2003/1940 (regulation 2(2)(b)); and

(b) the new Decision amends the conditions for import of chilli and chilli products by providing that import is now prohibited unless the analytical report accompanying the consignment shows that the product not only does not contain Sudan I (CAS Number 842-07-9) but additionally does not contain Sudan II (CAS Number 3118-97-6), Sudan III (CAS Number 85-86-9) or Scarlet Red or Sudan IV (CAS Number 85-83-6). This change is implemented by inserting a revised definition of "the Commission Decision" into S.I. 2003/1940 (regulation 2(2)(a)).

These Regulations remove unnecessary wording from the provision in S.I. 2003/1940 (regulation 6(2)) which provides that a notice ordering the destruction of illegal imports of hot chilli and hot chilli products has to contain information about the right of appeal (regulation 2(3)).

These Regulations also revise regulation 6(3) of S.I. 2003/1940 to clarify that on an appeal to a magistrates' court against a notice ordering the destruction of illegal imports of hot chilli and hot chilli products the court must uphold the notice or set it aside (regulation 2(3)).

The CN codes referred to in the definition of "hot chilli and hot chilli products" are the code numbers of the combined nomenclature established by Regulation 2658/87 on the tariff and statistical nomenclature and on the customs tariff (OJ No. L256, 7.9.87, p.1).

No regulatory impact assessment has been prepared in relation to these Regulations.