Decree No. 118 / 1987 Coll.
Decree of the Federal Ministry of Agriculture and Nutrition on Veterinary Protection of State Territory
Valid
Effective from 01.01.1988
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118
DECLARATION
Federal Ministry of Agriculture and Nutrition
of 9 December 1987
on veterinary protection of national territory
The Federal Ministry of Agriculture and Nutrition provides, pursuant to § 16 (6) of Act No. 87 / 1987 Coll., on Veterinary Care, in agreement with the Ministry of Agriculture and Nutrition of the Czech Socialist Republic and the Ministry of Agriculture and Nutrition of the Slovak Socialist Republic:
Basic provisions on authorisation of import, transit and export of goods
(1) The veterinary authorisation necessary for the import, transit or export of animals, food and raw materials of animal origin and feedingstuffs, as well as the articles which may be the carrier of disease agents (hereinafter referred to as "goods"), is issued on the basis of the animal health rules laid down by the veterinary legislation or, where appropriate, by an international cooperation agreement in the veterinary care sector or taking into account the circumstances of a particular case on the basis of additional (additional) animal health conditions, in the case of export or transit, in particular taking into account the animal health conditions, and, where appropriate, the requirements of the State to which the goods are exported or the territory of which they are accompanied.
(2) A veterinary permit for the import or transit of goods may be issued only in agreement with the Ministry of Health of the Czech Socialist Republic or the Ministry of Health of the Slovak Socialist Republic if it has pointed out an adverse epidemiological situation in the State of origin or transit of goods prior to issuing the veterinary authorisation.
(1) An application for veterinary authorisation shall be submitted to the veterinary caregion1) according to the place of destination of the goods on importation, the point of entry on transit or the place of origin of the goods on export. The exporter shall demonstrate to the application for a veterinary authorisation the animal health conditions which are required by the State to which the goods are exported.
(2) Where the import, transit or export of goods is concerned in the territory of the two Republics and where the competent authorities of veterinary care (1) do not assess any additional (complementary) animal health conditions, they shall be determined by the Federal Ministry of Agriculture and Nutrition.
(3) Reports of veterinary authorisations issued shall be submitted to the Federal Ministry of Agriculture and Nutrition.
(1) The veterinary certificate for export of goods is issued by the veterinary care authority (2) according to the place of origin of the goods or the place of storage of foodstuffs and raw materials of animal origin (hereinafter referred to as "animal products") and feed.
(2) Imported or accompanying goods shall be accompanied by a health certificate issued by a State authorised by a veterinarian according to the place of origin or the place of storage of animal products and feedingstuffs.
(3) The health certificate is issued in one of the world languages agreed in the purchase or other contract.
(1) Where the model veterinary certificate is not laid down in an international contract, it is used for the purpose of issuing veterinary certificates for the purpose of exporting uniform forms.
(2) A health certificate may be issued no more than three days before the goods are dispatched or, where appropriate, before the journey takes place and shall be valid for 10 days from the date of issue. If the period of validity of the health certificate in the course of transport of the imported goods ends in the territory of a third State, it shall be extended until the goods arrive at the point of entry.
Where a bulk consignment of goods to which a single health certificate has been issued is divided into several sub-consignments intended for different entry or exit points or different destinations, each sub-consignment shall be accompanied by a certified photocopy or a certified copy of the original health certificate or a separate health certificate issued by the veterinary authority on the basis of the original veterinary certificate, (2) of which the border veterinary centre concerned is part. This veterinary certificate shall include, inter alia, the type and indication of the original means of transport from which the goods have been broken down into sub-consignments.
(1) Veterinary authorisation is not required
(a) for import for a period not exceeding three months, transit and export of goods not subject to foreign trade (hereinafter referred to as "non-commercial goods") and transported in the course of travel, mail, train as luggage or express mail or on an air waybill, if dogs, cats, guinea pigs, hamsters, greedy and aquatic poultry, rabbits, pigeons (excluding pigeons participating in flight competitions), singing and ornamental birds (except parrots), small animals and birds of prey used for hunting;
(b) the importation, transit and export of feed of plant origin, where the importer, transit or exporter has been authorised to import, transit or export them by the Ministry of Agriculture and Nutrition of the Czech Socialist Republic or by the Ministry of Agriculture and Nutrition of the Slovak Socialist Republic pursuant to special regulation.3)
(2) No veterinary authorisation or health certificate is required for the import, transit and export of non-commercial goods carried by road, mail, train as luggage or express mail or on an air waybill if:
(a) reptiles, amphibians and aquarium fish,
(b) the food of animal origin is heat-treated and, where appropriate, otherwise free from pathogens;
(c) processed furskins, hides and skins and wool cuts;
(d) prepared hunting trophies.
(1) The import, transit or export of goods is carried out through the dedicated entry or exit points listed in the Annex to this Decree.
(2) The operations of border veterinary centres are regulated by the operating regulations issued by the veterinary authorities of the Czech Socialist Republic or by the veterinary authorities of the Slovak Socialist Republic in agreement with the authorities which perform their own tasks at entry or exit points.
Obligations of importer, carrier and exporter of commercial goods
(1) Both the importer and the exporter of the commercial goods are required to apply for a veterinary authorisation to be issued at least 30 days before the scheduled date of conclusion of the contract for the supply of the goods, which lays down the animal health conditions for importation and, where appropriate, for exportation, and to ensure that such conditions become part of the contract.
(2) The carrier of the commercial goods shall apply for the veterinary authorisation referred to in paragraph 1 within a period of at least 30 days before the date of anticipated entry into the territory of the Czechoslovak Socialist Republic.
(3) The importer shall consult with the veterinary caregion1) a provisional long-term import plan and a year-round or at least quarterly planned quantity of imported goods.
The application for veterinary authorisation shall include in particular:
(a) the numerical description of the commercial case;
(b) the name or name of the buyer or supplier of the goods,
(c) the designation of the State, administrative area or place of origin of the goods;
(d) the name or name of the keeper of the animals or, where appropriate, the manufacturer of another type of goods;
(e) particulars of the species, category and number of animals or the type, presentation, quantity and packaging of other goods,
(f) the date of import, transit or export;
(g) identification of the means of transport;
(h) the intended point of entry or exit and the intended place of destination or dispatch as well as the intended place of quarantine of the animals or the separate storage of other goods;
(i) where the import of animal products and feedingstuffs is concerned, also details explaining the importance of numerical and other characteristics on consumer packages and packaging (boxes, bags, cartons, etc.) indicating the date of manufacture, batch (s), warranty period, etc.
(1) In preparation for the conclusion of a contract concerning the import of new species of animal products, in particular meat products, meat products, poultry, fish and game cans and dairy products, the importer shall provide samples from a foreign supplier; invite representatives of the veterinary caregiver (1) to their assessment when dealing with sales between the importer and the customer.
(2) In other cases, the importer shall submit samples for examination and assessment to the veterinary caregion.1)
(1) The importer or exporter or, where appropriate, the consignee shall, in agreement with the importer, notify the animal health care authority (2) according to the destination or dispatch of the import or export
(a) breeding animals in advance within 10 weeks; other animals in advance within six weeks;
(b) animal products and feedingstuffs, as well as articles which may carry disease agents, in advance within three weeks.
(2) The importer, the carrier or the exporter shall inform the veterinary authority of the import, transit or export of a larger number of animals or animal products and feedingstuffs subject to perishable destruction, (2) of which the border veterinary centre concerned is part, in due time to ensure the timely implementation of border veterinary control.
Obligations of the importer, carrier and exporter of non-commercial goods
The provisions of Sections 9 and 11 shall apply mutatis mutandis to importers, carriages and exporters of non-commercial goods.
Obligations of the carrier
(1) Only such means of transport, equipment (containers, cages, etc.) and packaging which comply with animal health requirements and have been adapted to prevent the loss or leakage of animal waste, feed, litter, bulk materials, liquids, etc., and, as regards transport equipment and equipment which also comply with the requirements laid down in the specific Regulation (4), have been cleaned and disinfected before transport.
(2) Power supply and feeding of animals at entry or exit points must be carried out in such a way that the animals transported are not in direct or indirect contact with domestic animals.
(3) The importer shall ensure that the means of transport, equipment and packaging complying with the veterinary requirements are used for the transport of the foreign carrier.
(1) The carrier is obliged to notify the veterinary care authority immediately upon arrival of the consignment (2) by entry point and to provide proof of such goods, in particular veterinary certificates and other accompanying and transport documents.
(2) According to the instructions of that authority, the carrier shall prepare a means of transport or equipment containing goods to carry out border veterinary checks. In the case of goods carried by aircraft, the carrier and the authority of the National Security and Customs Administration shall allow access to the aircraft by a veterinary surgeon carrying out border veterinary checks.
(1) The carrier is also obliged to:
(a) ensure that border veterinary checks are carried out under conditions appropriate to the nature of the operation and to the rules on safety and health at work, in particular in such a way that the means of transport is not moved when it is carried out;
(b) provide the veterinary surgeon carrying out border veterinary checks, at his request, with the necessary manpower to carry out auxiliary work for the necessary period, such as opening and closing of means of transport, ladders, bridges, mobile steps, fixation of animals and movements of goods.
(2) Border veterinary checks may not be limited in time; However, the veterinarian carrying out this inspection shall agree with the carrier and, where appropriate, with the competent authorities on the conditions for its implementation so that the operation of the transport organisation or post office is not interrupted more than strictly necessary.
(1) The transport of animals within the territory of the Czechoslovak Socialist Republic shall be carried out by the carrier in the fastest possible manner and without transhipment, unless it is necessary.
(2) If the further carriage of goods within the territory of the Czechoslovak Socialist Republic is prevented by a failure of the means of transport, another defect or an unforeseeable obstacle, or if the condition of the goods is compromised, the carrier shall immediately inform the veterinary care authority thereof, (2) within the scope of which this has occurred and shall at the same time communicate how it intends to dispose of the goods further.
(1) Following the completion of the transport operation, the carrier shall ensure, in accordance with the instructions of the veterinary care authority (2), cleaning and effective disinfection of the means of transport and equipment which cannot otherwise be used for further transport.
(2) The non-harmful removal of packaging, feed and litter residues, disinfecting tools and other objects used in the transport of goods and, where appropriate, in the treatment of animals, shall be ensured by the importer, as a rule through the consignee of the goods, if this obligation is not incumbent upon the carrier.
(1) Where border veterinary checks are carried out in the premises of a transport organisation (railway station, port, airport) or post office, that organisation
(a) ensure and maintain in operational condition (cleaning, heating, lighting) the necessary office operating rooms and other premises, in particular for the continuous operation of the border veterinary station, for the temporary separation of animals and the temporary storage of animal products and feedingstuffs, for the temporary storage of dead animals, with effective equipment and facilities for the proper performance of the tasks of the border veterinary station;
(b) establish the conditions for carrying out the necessary disinfection measures against the introduction of diseases and other animal diseases and keep the necessary disinfection facilities in an effective state.
(2) Where border veterinary checks are carried out in customs premises, the customs administration shall provide the appropriate room for the proper performance of the tasks of the border veterinary station.
Obligations of the beneficiary
Consignee of consignment after notification of arrival at destination
(a) inform the veterinary care authority thereof, (2) to which it shall provide documentary evidence of the goods, in particular veterinary certificates and other accompanying and transport documents, and shall provide the necessary assistance when the goods are examined;
(b) place the animals in quarantine or other goods separately after taking over the goods, in particular carrying out the necessary tests and sampling.
The consignee of imported preserved semen or fertilised germ cells (zygot) shall:
(a) notify immediately the arrival of the consignment to the veterinary care authority (2) by destination;
(b) to take over the consignment separately and to store it separately, i.e. in a separate container, pending notification of the result of a laboratory inspection confirming its health and fitness.
Border veterinary inspection
(1) Border veterinary inspection shall be carried out by veterinary surgeons of veterinary authorities, (2) who have been assigned to carry out this task at border veterinary centres or elsewhere where appropriate.
(2) Border veterinary checks shall not be carried out in cases where the import, transit or export of goods does not require a veterinary authorisation or a veterinary certificate or where goods are covered by customs legislation (5) are exempt from customs clearance, unless otherwise provided for in accordance with the international treaties for reasons of particular concern.
At the border veterinary station
(a) with continuous (day and night) operation, border veterinary checks must be carried out without delay after the veterinary care authority has been informed of the arrival of the goods and the means of transport or equipment with the goods have been prepared for inspection;
(b) the day-to-day operation shall be subject to border veterinary checks without undue delay upon arrival of the goods, but at the latest - if the goods are moved out of the working hours - within eight hours of being informed of the arrival of the goods by the veterinary care authority (2) and when the means of transport or equipment with the goods are ready for inspection,
(c) without regular veterinary service, border veterinary checks must be carried out no later than 12 hours after the veterinary caregiver (2) has been informed of the arrival of the goods and the means of transport or equipment with the goods have been prepared to carry out the inspection.
(1) The inspection of the goods shall, as a general rule, be carried out together with a border, customs and, where appropriate, plant health inspection accompanied by a representative of the carrier and, where appropriate, an importer and a consignee. The result of the border veterinary inspection shall be recorded on the original of the transport document and on the veterinary certificate.
(2) In a border veterinary station with daily operation or without regular veterinary service, the veterinarian responsible for carrying out the border veterinary inspection may, at the time of his absence, be represented when carrying out the checks on non-commercial goods referred to in Section 6 (1) (a) by a competent customs officer.
(3) The border veterinary inspection, carried out by a competent customs officer, consists of checking the completeness and validity of the accompanying and transport documents, in particular the veterinary certificate; where there are reasonable doubts as to the state of the goods from a veterinary point of view or if any defects are detected, the inspection of the goods shall be ensured by the veterinarian of the veterinary caregi.2)
(1) Where, according to the outcome of border veterinary checks, there is a risk of the introduction of disease agents, other contagious diseases of animals, diseases communicable from animals to humans or substances harmful to animal and public health or of the import of animal products or feedingstuffs which are harmful to health or feed, or where a similar defect has been detected by border veterinary checks, the veterinary care authority (2) provides for the necessary emergency measures.
(2) The importer and the consignee or, where appropriate, the carrier are obliged to provide, depending on the nature of the matter, the necessary synergies and assistance to ensure that the measures provided for are implemented without delay. In the case of sampling when animal products, feed or articles which may be carriers of disease agents are suspended, the importer may require reference samples to be taken.
(3) The slaughter or culling of animals and the destruction of animal products or feedingstuffs may be ordered only after the importer, carrier or exporter has given the consent of the veterinary authority, (1) or, where appropriate, after the opinion of the authority responsible for the protection of nature, the killing of the protected animal; This does not apply if the necessary slaughter is in danger of delay.
Veterinary inspection at the place of destination
(1) The veterinary inspection at the place of destination must be carried out promptly taking account of the type of goods, but no later than 24 hours after the competent authority has been informed of the arrival of the goods.
(2) (2) at the time of quarantine, imported animals shall be kept under permanent veterinary supervision.
(3) If the veterinary checks on imported animal products, feedingstuffs or articles which may be the carrier of disease agents could not be completed within the normal time limit, the goods must be stored separately for an additional period of time required and under a seal in warehouses approved for this purpose by the veterinary caregi.2)
Animal health conditions for the authorisation of imports and transit of individual goods
Import of animals
Imports of animals shall be authorised on condition that:
(a) the animals come from:
1. from a State in which there has been no foot-and-mouth disease of an exotic type, or of another type or subtype, in the period of one year prior to dispatch, which manifests itself in a similar dangerous manner to that of an exotic type of foot-and-mouth disease, rinderpest, contagious bovine pleuropneumonia, African swine fever and swine vesicular disease, and in which vaccination against one of those animal diseases has not been carried out in the period before dispatch,
2. from a holding or farming in which, within a period of one year and within a radius of at least 30 km, there has been no foot-and-mouth disease of a classical type, anthrax, vesicular inflammation of the oral cavity, contagious lumpy skin of bovine animals, sheep and goat pox, malignant bluetongue, contagious paraplegia of sheep, poultry influenza, African horse sickness, glanders, stallion disease and contagious equine encephalomyelitis,
(b) the animals were:
1. no later than the day before dispatch, examined by a State authorised veterinarian and did not show clinical signs of a general health disorder,
2. at least six months prior to dispatch, kept in the territory of the State of origin, of which at least three months - and if they are animals less than three months old, since birth - in the same place,
3. kept in a holding or in a holding and loaded in places where, in the last 30 days prior to dispatch or loading, there have been no diseases other than those referred to in point (a) to which animals of the same species are susceptible and, where appropriate, which could have been transferred to animals of another species and have not been in contact with other animals during loading,
4. transported in means of transport and equipment which have been cleaned and disinfected in advance;
(c) the water, feed, bedding, tools and other objects used in the operation of the animals during loading and transport come from places where, in the last 30 days before dispatch, there have been no diseases of animals to which the animals of the species are susceptible.
Imports of animal products
(1) Animal products may be imported only on condition that:
(a) originate in:
1. from healthy animals and from an environment free from animal diseases referred to in § 26 (a) No 1 and 2;
2. of animals in whose nutrition foreign substances have not been used in quantities in which they may impair the health of animal products;
(b) are safe from the point of view of animal and public health.
(2) Imported animal products
(a) may only be manufactured and modified using foreign substances in species and quantities authorised in the Czechoslovak Socialist Republic;
(b) must not contain residues of foreign substances in quantities not authorised in the Czechoslovak Socialist Republic, 6)
(c) must be transported:
1. in means of transport corresponding to special regulations (7) and equipment which has been cleaned and disinfected in advance,
2. in healthy packaging.
(3) Animal products in the raw state, in particular raw meat and raw animal fats, shall not be imported as non-commercial goods.
Import of feed
Feed may only be imported on conditions that:
(a) come from an animal disease-free environment referred to in Article 26 (a) (1) and (2);
(b) according to the laboratory examination, they are healthy and do not contain residues of foreign substances in quantities not authorised in the Czechoslovak Socialist Republic, 8)
(c) feed of animal origin has been produced in establishments with veterinary supervision carried out by a State authorised by a veterinarian.
Animal transit
The transit of animals shall be authorised under the conditions that:
(a) the animals come from:
1. from a State in which, during the six months prior to dispatch, foot-and-mouth disease of an exotic type, or, where appropriate, another type or subtype is present in a similar manner to that of an exotic type of foot-and-mouth disease, rinderpest, contagious bovine pleuropneumonia, African swine fever and swine vesicular disease,
2. from places where, within a radius of at least 30 km, foot-and-mouth disease of a classical type has not occurred during the last three months prior to dispatch, anthrax, vesicular inflammation of the oral cavity, contagious lumpy skin disease of bovine animals, sheep and goat pox, contagious bluetongue, contagious paraplegic disease of ovine animals, poultry influenza, African horse sickness, glanders, dourine and contagious equine encephalomyelitis, or other animal diseases likely to endanger animal health in the Czechoslovak Socialist Republic;
(b) the animals were:
1. no later than the day before the date of dispatch, examined by a State authorised by a veterinarian and did not show clinical signs of a general medical condition,
2. transported in means of transport and equipment which have been cleaned and disinfected in advance;
(c) the water, feed, bedding, tools and other objects used in the operation of the animals during loading and transport come from places where, in the last 30 days before dispatch, there have been no diseases of animals to which the animals of the species are susceptible.
Common and final provisions
The costs incurred as a result of measures to protect the health of the national territory, in particular in connection with the return or release of goods, the separate location or isolation of animals or the suspension and the separate storage or storage of animal products and feedingstuffs, shall be borne, where appropriate, by the importer, the carrier or the exporter.
Interpretation of terms
(1) According to this decree,
(a) livestock: animals used for economic purposes, in particular cattle, pigs, sheep, goats, hoofed and aquatic poultry, solipeds, rabbits, fur animals, fish and bees;
(b) articles which may bear disease agents: in particular feed, litter, means of transport, packaging, tools and other objects used in the transport and treatment of animals, animal products and feedingstuffs, live strains of animal diseases agents for research or other purposes, veterinary biopreparations, medicated feed preparations;
(c) entry or exit points: the point of departure of goods listed in the Annex to this Decree, as well as the station of international pieces of mail, ČSAD travel centres, filling post,
(d) competent customs administration: a member of the customs administration responsible in certain cases for carrying out border veterinary checks at the point of entry or exit and trained for that purpose.
(2) Where animals are referred to in this decree, this also means hatching eggs, semen, fertilized germ cells (zygotes) and fertilized eggs as appropriate.
With the approval of the Federal Ministry of Agriculture and Nutrition1), the Veterinary Care Authority may authorise exemptions from the animal health conditions laid down in Part Two, or, where appropriate, to lay down more detailed conditions for the import and transit of goods, taking into account in particular:
(a) the requirements to protect against the introduction of disease agents, other animal mass diseases and animal health products from abroad;
(b) developing the disease situation abroad;
(c) new knowledge of veterinary science in the sections of veterinary prophylaxis and diagnosis.
Efficacy
This Decree shall take effect on 1 January 1988.
Minister:
Toman CSc. v. r.
Annex to Decree No. 118 / 1987 Coll.
List of border veterinary centres
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Regulation Information
| Citation | Decree of the Federal Ministry of Agriculture and Nutrition No. 118 / 1987 Coll., on the Veterinary Protection of State Territory |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.1987 |
|---|---|
| Effective from | 01.01.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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