Decree No. 108 / 2013 Coll.
Decree amending Decree No. 376 / 2003 Coll., on veterinary checks on imports and transit of products from third countries, as amended
Valid
Order
Effective from 01.06.2013
Text versions:
01.06.2013
30.04.2013
108
DECLARATION
of 24 April 2013
amending Decree No 376 / 2003 Coll., on veterinary checks on imports and transit of products from third countries, as amended
The Ministry of Agriculture provides pursuant to § 78 of Act No. 166 / 1999 Coll., on Veterinary Care and on the amendment of certain related laws (Veterinary Act), as amended by Act No. 131 / 2003 Coll., Act No. 316 / 2004 Coll., Act No. 48 / 2006 Coll., Act No. 182 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 308 / 2011 Coll., Act No. 18 / 2012 Coll. and Act No. 359 / 2012 Coll., to implement § § 33 (6), § 37 (5) and § 38 (4) Act:
Decree No. 376 / 2003 Coll., on veterinary checks for imports and transit of products from third countries, as amended by Decree No. 259 / 2005 Coll., Decree No. 375 / 2006 Coll. and Decree No. 59 / 2008 Coll., is amended as follows:
1. in § 1 (1) of the introductory part of the provision, § 1 (2), § 2 (a) and (j), § 3 (1) (c), § 3 (2) and (3), § 7, § 11 (1) (a) and (c), § 11 (2), § 11 (4) of the provision, § 11 (4) (c), § 25 (1) of the introductory part of the provision, § 26 (1), Annex No 8 (A), first and sixth indents, and Annex 8 (B) (3) (8), the words "European Communities" shall be replaced by "European Union."
2. in Paragraph 1, point (h) is deleted;
Point (i) shall be renumbered as point (h).
3. in Article 2 (f), including footnote 1 (f):
"(f) an importer - a natural or legal person who fulfils the obligations arising from a directly applicable European Union Regulation laying down the Community Customs Code (1f) and relating to the import of a consignment into the territory of the Member States (hereinafter referred to as the" Union territory "),
(1f) Regulation (EC) No 450 / 2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code). '.
4. In Article 2 (h), the words "the Commission of the European Community 'are replaced by the words" the European Commission'.
5. in Article 2 (i), including footnote 1g, the following shall be added:
"(i) imports - the release for free circulation of the products and the intention to release the products for free circulation in accordance with the directly applicable European Union Regulation laying down the Community Customs Code (1g);
(1g) Article 129 of Regulation (EC) No 450 / 2008 of the European Parliament and of the Council. '
6. In § 3 (1) of the introductory part of the provision, § 5 (3) (a), § 8 (5), § 11 (2), § 12 (1), § 13 (1) (a) and (b), § 13 (2) (c) to (e), § 13 (3), § 14 (1) and (2), § 15 (2) (a), § 19 (4), § 20 (1), § 22, § 23 (5), § 25 (1) of the introductory part of the provision, § 26 (1), Annex No 8 (B) (3) (1) to (4), and Annex No 8 (B) (4) (1) (2) shall be replaced by "the Community."
7. in Article 3 (1) (a), the words "in specific legislation2a)" shall be replaced by the words "directly applicable European Union2a)."
Footnote 2a reads:
"(2a) Regulation (EC) No 853 / 2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin, as amended. Regulation (EC) No 854 / 2004 of the European Parliament and of the Council. Regulation (EC) No 1069 / 2009. ';
8. In Section 5 (3) of the introductory part of the provision, the words "duly substantiated application 'are inserted after the words" request the Commission'.
9. In Article 5 (3) (b), the words "from which imports into the Community of certain products of animal origin, fishery products and live bivalve molluscs are authorised 'are deleted.
10. Paragraph 8 (2), including footnote 4, reads:
"(2) The official veterinarian of the border veterinary station shall enter and update data on the following data into the computerised network operated in accordance with the European Union Regulation on the introduction of Traces4 (" the computerised network "):
(a) common veterinary entry documents for animals imported into the Czech Republic which is not the Member State of destination,
(b) common veterinary entry documents for products transported through the Union and for products imported under Sections 11, 15 (2) and 19;
(c) common veterinary entry documents for all animals imported into the European Union;
(d) common veterinary entry documents for all rejected consignments and all products which:
1. are to be monitored from the border veterinary centre until arrival at the holding at the place of destination in accordance with the requirements laid down in European Union rules, in accordance with Article 11 (4);
2. comes from one third country and are destined to another third country pursuant to Paragraph 13 (1);
3. it comes from a third country and is intended for a free zone, free warehouse or customs warehouse in accordance with Article 14 (1);
4. are intended for consumption by crew and passengers on board a vessel in international maritime transport pursuant to § 19 (1);
5. they come from the territory of the Union and have been rejected by a third country pursuant to Paragraph 20.
4) Commission Decision 2004 / 292 / EC on the introduction of the Traces system and amending Decision 92 / 486 / EEC, as amended. '
11. in Article 8 (5), the word "web" is replaced by "Internet."
12. in Article 11 (2), the second sentence is replaced by the following: "The meat of wild feathered game, which is imported unskinned, shall be subjected to conformity checks and physical checks at the border veterinary centre in accordance with the first sentence; the health check according to the directly applicable European Union Regulation laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (1e) and, where appropriate, on residues under the legislation governing the monitoring of the presence of unauthorised substances, residues and contaminants for which animal products could be harmful to human health, in animals and in their products8) shall be submitted at the undertaking of destination to which the meat must be delivered under customs control in accordance with paragraph 4 (a), together with the entry document. ';
13. In Article 11 (5), the words "which were intended for an undertaking approved for the treatment of products' shall be inserted after the words" products'.
14. In Article 11, at the end of paragraph 5, the sentence "This is without prejudice to the procedure laid down in paragraph 23. 'is added.
15. in Article 12 (3), the words "at the end of the text of point (c) shall be added; this shall be without prejudice to the procedure laid down in Article 23."
16. in Article 12 (4), the words "at the border veterinary station" shall be replaced by the words "at the first border veterinary station reached" and the words "veterinary checks referred to in Article 12 (4)" shall be replaced by the words "conformity check and physical check according to."
17. Paragraph 12 (5) reads:
"(5) As soon as a consignment of products for further translation is delivered to the border veterinary station, the importer must notify the official veterinarian of the border veterinary station
(a) the likely time needed to unload these products;
(b) the designation of the border veterinary centre of destination in the European Union in the case of importation or transit through the European Union or the third country of destination in the case of transport directly to a third country;
(c) the exact location of the consignment if it is not loaded directly onto an aircraft or a ship bound for a subsequent destination; and
(d) the estimated duration of loading of the consignment on the aircraft or the ship bound for the subsequent destination. "
18. In Section 13 (1) of the introductory part of the provision, the words "or the same third country 'are inserted after the words" to another third country'.
19. in Article 15 (2) (b) (4), the words "telephone and fax" are replaced by the words "internet connection."
20. in Paragraph 19 (1) (a), the word 'Community' is replaced by 'European Union';
21. in Paragraph 21 (1), the words "[Paragraph 36 (2) (a) of the Act]" shall be deleted;
22. in Paragraph 21 (2), the words "[Paragraph 36 (2) (b) of the Act] 'shall be deleted, the words" border veterinary station or other establishment' shall be deleted and the words "European Union Regulation (11) 'shall be replaced by the words" European Union Regulation (1d)';
Footnote 1d:
"(1d) Regulation (EC) No 1069 / 2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules concerning animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774 / 2002 (Animal by-products Regulation).";
23. in Article 21 (3), the words "(Paragraph 36 (4) of the Act)" shall be deleted and the words "with specific legislation" shall be replaced by the words "with a directly applicable European Union Regulation (1d)."
24. in Article 26 (3), the word "species" is replaced by "origin."
25. Paragraph 27 to 29 shall be deleted, including the title and footnote 14.
26. in Article 30 (1), points (a), (b) and (d), including footnote 15, are deleted;
Points (c), (e) and (f) shall be renumbered as points (a), (b) and (c).
27. Paragraph 30 (2), including footnote 16, is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
28. In Paragraph 30 (2) of the Introductory Part of the provision, the words "foodstuffs which do not contain any meat products and to composite products if 'are replaced by" composite products'.
29. in Article 30 (2), the words "which do not contain any processed meat products and at the same time" shall be inserted at the beginning of point (a).
30. in Article 30 (2) (a), "any other than meat processed" shall be replaced by "processed milk."
31. in Article 30 (2) (a) (4), the word "Community" shall be replaced by the words "Member State of the European Union."
32. in Article 30 (2), the following point (b) is inserted after point (a):
"(b) which do not contain any processed meat products and at the same time less than half their mass constitutes any other than a processed milk product; or"
Point (b) shall be renumbered (c).
33. in Article 30 (2) (c), the words "are included in the European Communities Regulation establishing" shall be replaced by the words "which appear on the list of foodstuffs not subject to veterinary checks under the European Union Regulation establishing."
34. In Article 30 (3), the words "European Communities Regulations' are replaced by the words" European Union Regulations'; the words "health certificates for the import of heat-treated milk, milk products and raw milk 'are replaced by the words" conditions for veterinary certificates for the import of raw milk and milk products intended for' and the words "European Communities Regulation 'are replaced by the words" European Union Regulation';
35. In Article 30, the following paragraph 4 is added:
"(4) Compound products subject to veterinary checks under this decree must be imported under the conditions laid down in the directly applicable European Union Regulation laying down certification requirements for imports of certain composite products18).
(18) Commission Regulation (EU) No 28 / 2012 of 11 January 2012 laying down certification requirements for imports into and transit through the Union of certain composite products and amending Decision 2007 / 275 / EC and Regulation (EC) No 1162 / 2009. '
36. in Annex 4, Part A, second paragraph, the following point (d) is inserted after point (c):
"(d) checking the maintenance of prescribed temperatures during transport;"
37. In Annex 5, Category III, the following point 16 is inserted after point 15:
"16. Blood products intended for technical uses'.
Points 16 and 17 shall become points 17 and 18.
38. In Annex 8, Part In the last indent, the words "with animal confiscates' are replaced by the words" with animal by-products' and in Part B, point 5 (3), the words "animal by-products' are replaced by the words" animal by-products'.
39. Annex 10 shall be deleted;
Efficacy
This Decree shall take effect on the first day of the second calendar month following its publication.
Minister:
Ing. Bendl v. r.
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Regulation Information
| Citation | Decree No. 108 / 2013 Coll., amending Decree No. 376 / 2003 Coll., on veterinary checks on imports and transit of products from third countries, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.2013 |
|---|---|
| Effective from | 01.06.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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