Decree No. 164 / 2005 Coll.
Decree amending Decree No. 372 / 2003 Coll., on veterinary checks and in trade in animals, and Decree No. 373 / 2003 Coll., on veterinary checks on trade in animal products
Valid
Order
Effective from 01.05.2005
Text versions:
01.05.2005
28.04.2005
164
DECLARATION
of 18 April 2005
amending Decree No 372 / 2003 Coll., on veterinary checks on trade in animals, and Decree No 373 / 2003 Coll., on veterinary checks on trade in animal products
The Ministry of Agriculture provides pursuant to Section 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. and Act No. 316 / 2004 Coll., ("the Act ') for the implementation of Sections 28 (5) and 31 (3) (b) and (c) of the Act:
Amendment of the Ordinance on veterinary checks in animal trade
Decree No 372 / 2003 Coll., concerning veterinary checks on trade in animals, is amended as follows:
1. in Article 1 (1) (a), a comma shall be inserted after the word "trading" and the words "with Member States of the European Union (hereinafter referred to as" trading ") shall be deleted;
2. in Article 1 (1) (d), the words "animals intended 'are replaced by the words" live animals, germinal products and pathogens (hereinafter referred to as "animals and products') intended ';
3. In Article 2, at the end of point (d), the dot is replaced by a comma and the following point (e) is added:
"(e) trade - trade between Member States in animals and products originating in the Member States, as well as in animals and products originating in third countries which are in free circulation in the Member States."
4.
Animals and products subject to the specific legislation referred to in Annex 3 to this Regulation and intended for trading shall be subject to veterinary checks at the place of origin and veterinary checks on arrival at destination. '
5. in Article 4 (1) (a):
"(a) meet the requirements of the specific legislation referred to in Part A of Annex 3 to this Regulation or, where appropriate, of the animals and products listed in Part B of Annex 3 thereto, the requirements of the Member State of destination;"
6. In Article 4 (1) (d), the words "the animal health requirements for each animal species or, where appropriate, for animals and products not covered by these specific legislation 'are replaced by the words" listed in Part A of Annex 3 to this Regulation or, where appropriate, in other animals and products listed in Part B of Annex 3 to this Regulation'.
7. Paragraph 5 (2) reads as follows:
"(2) Where animals and products covered by the specific legislation referred to in Part A of Annex 3 to this Regulation are intended for export to a country which is not a Member State (" third country ') through the territory of another Member State, transport shall remain under customs control until the point of exit from the territory of the Member States ("Community territory'). However, where animals and products which do not comply with the requirements of those specific legislation, or the animals and products listed in Part B of Annex 3 to this Order, transit may be effected only with the express authorisation of the competent authority of the transit Member State. ';
8. in Paragraph 6 (1) (a), the word 'mentioned' shall be replaced by 'not mentioned';
9. in Article 6 (1) (b), the words "whether the animal health requirements laid down in this Decree are complied with at all stages of production and trade," shall be inserted after the words "verification,";
10. in Article 8 (2) (b), the words "to slaughterhouses" shall be replaced by the words "and slaughtered."
11. in Article 9 (2), the words "final place in the Member State of destination" shall be replaced by the words "final destination in the Member State of destination";
12. in Article 16 (a), the words "the animal health requirements for each animal species" shall be replaced by the words "listed in Part A of Annex 3 to this Regulation."
13. In Article 16, point (b) is replaced by the following:
"(c) communicate to the Commission and the competent authorities of the Member States, on the basis of their reasoned request for cooperation and assistance, whether the legislation in its field of competence is complied with, whether and what measures have been taken to ensure compliance with the obligations and requirements laid down by that legislation, to the extent and in the manner laid down by European Community Regulation (EC) No 8a).
(8a) Council Directive 89 / 608 / EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and their cooperation with the Commission to ensure the correct application of veterinary and zootechnical legislation. "
14. The following Annex 3 is inserted after Annex 2:
"Annex 3 to Decree No 372 / 2003 Coll.
SPECIFIC LEGISLATION RELATING TO ANIMALS AND PRODUCTS SUBJECT TO THE TRADE OF VETERINARY CHECKS UNDER THIS DECLARATION
1. Decree No 382 / 2003 Coll., on animal health requirements for trade in animals and on animal health conditions for their importation from third countries, in which they are transposed in particular:
Council Directive 64 / 432 / EEC of 26 June 1964 on animal health problems affecting intra-Community trade in and imports from third countries of bovine animals and swine, Council Directive 91 / 68 / EEC of 28 January 1991 on animal health conditions governing intra-Community trade in and imports from third countries of ovine and caprine animals and swine, Council Directive 90 / 539 / EEC of 15 October 1990 on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs and Council Directive 92 / 65 / EEC of 13 July 1992 on animal health conditions governing intra-Community trade in animals, semen, ova and embryos and their imports into the Community, provided that they are not subject to the specific Community veterinary provisions laid down in Annex A (I) to Directive 90 / 425 / EEC.
2. Decree No 380 / 2003 Coll., on animal health requirements governing trade in semen, ova and embryos and on animal health conditions governing their importation from third countries in which they are transposed in particular:
Council Directive 88 / 407 / EEC of 14 June 1988 laying down animal health requirements governing intra-Community trade in and imports into the Community of semen of domestic animals of the bovine species, Council Directive 90 / 429 / EEC of 26 June 1990 laying down animal health requirements governing intra-Community trade in and imports from third countries of semen of domestic animals of the porcine species, Council Directive 89 / 556 / EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and imports into the Community of embryos of domestic animals of the bovine species, and Council Directive 92 / 65 / EEC of 13 July 1992 laying down animal health requirements governing trade in animals, semen, ova and embryos thereof, provided that they are not subject to the specific Community rules laid down in Annex A (I) to Directive 90 / 425 / EEC.
3. Decree No. 381 / 2003 Coll., on animal health requirements for aquaculture animals and products thereof, fishery products and live bivalve molluscs and on the animal health conditions for their importation from third countries, as amended by Decree No. 201 / 2004 Coll., in which it is transposed in particular:
Council Directive 91 / 67 / EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products.
4. Regulation (EC) No 1774 / 2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption, as amended.
5. As regards pathogens, Decree No 379 / 2003 Coll., on animal health requirements for trade in animal products not covered by specific legislation and on animal health conditions for their importation from third countries, in which it is transposed in particular:
Council Directive 92 / 118 / EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the specific Community rules referred to in Chapter I of Annex A to Directive 89 / 662 / EEC and, as regards pathogens, to Directive 90 / 425 / EEC.
Animals and products not covered by the specific legal provisions referred to in Part A, but subject to the trade with which they are subject to the VETERINARY CHECKS referred to therein
1. Other live animals not covered by the specific legislation listed in Part A.
2. Semen, ova and embryos not covered by the specific legislation listed in Part A. '.
Amendment of the Ordinance on veterinary checks on trade in animal products
Decree No 373 / 2003 Coll., concerning veterinary checks on trade in animal products, is amended as follows:
1. in Article 1 (a), the words "with Member States of the European Union (hereinafter referred to as" trading ")" shall be deleted;
2. In Article 2, at the end of point (c), the dot is replaced by a comma and the following point (d) is added:
"(d) trade - trade between Member States in animal products originating in the Member States as well as in animal products originating in third countries which are in free circulation in the Member States."
3. In Section 3, the words "on animal health requirements for individual species of animal products' are replaced by the words" listed in Annex 3 to this Decree '.
4. in Article 4 (1) (a), the words "listed in Part A of Annex 3 to this Regulation" shall be inserted after the words "the animal health requirements for each species of animal product";
5. In Article 4 (1) (b), the words "the animal health requirements for each species of animal product or, where appropriate, for animal products not covered by this specific legislation 'are replaced by the words" listed in Part A of Annex 3 to this Decree or - where applicable, for animal products listed in Part B of Annex 3 to this Decree'.
6. In Article 4 (1) (c), the words "the animal health requirements for each species of animal products or, where appropriate, for animal products not covered by these specific legislation 'are replaced by the words" listed in Part A of Annex 3 to this Decree or, where applicable, in Part B of Annex 3 to this Decree'.
7. in Article 6 (1) (a), the words "the animal health requirements for each species of animal product" shall be replaced by the words "listed in Part A of Annex 3 to this Decree."
8. in Article 6 (1) (b), the words "not covered by specific legislation on animal health requirements for individual animal products and trade subject to veterinary checks under this Decree" shall be replaced by the words "listed in Part B of Annex 3 to this Decree."
9. in Article 7 (2) (a), the words "not covered by specific legislation on animal health requirements for individual animal products" shall be replaced by the words "listed in Part B of Annex 3 to this Decree."
10. In Article 7 (4), the words "not covered by specific legislation on animal health requirements for individual animal products' are replaced by the words" listed in Part B of Annex 3 to this Decree '.
11. at the end of paragraph 4, the sentence "This shall also be the reverse if required by another Member State which is the Member State of destination."
12. in Paragraph 13 (1) (a), the words "not covered by specific legislation on animal health requirements for individual species of animal products" shall be replaced by the words "listed in Part B of Annex 3 to this Decree."
13. in Paragraph 13 (1), at the end of point (b), the dot is replaced by a comma and the following point (c) is added:
"(c) communicate to the Commission and the competent authorities of the Member States, on the basis of their reasoned request for cooperation and assistance, whether the legislation in its field of competence is complied with, whether and what measures have been taken to ensure compliance with the obligations and requirements laid down by that legislation, to the extent and in the manner laid down by European Community3a).
(3a) Council Directive 89 / 608 / EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and their cooperation with the Commission to ensure the correct application of veterinary and zootechnical legislation. "
14. in Annex 2, the following point 1.3.5.3.2 is inserted after point 1.3.5.3.1.:
"1.3.5.3.2. Other tests /. /."
15. The following Annex 3 is inserted after Annex 2:
"Annex 3 to Decree No 373 / 2003 Coll.
SPECIFIC LEGISLATION RELATING TO ANIMAL PRODUCTS SUBJECT TO THE TRADE OF VETERINARY CHECKS REFERRED TO IN THIS STATEMENT
1. Decree No. 202 / 2003 Coll., on animal health requirements for fresh meat, minced meat, meat preparations and meat products, as amended by Decree No. 375 / 2003 Coll., Decree No. 201 / 2004 Coll. and Decree No. 652 / 2004 Coll., in which they are transposed in particular:
Council Directive 64 / 433 / EEC of 26 June 1964 on health problems affecting intra-Community trade in fresh meat, Council Directive 94 / 65 / EC of 14 December 1994 laying down requirements for the manufacture and placing on the market of minced meat and meat preparations, Council Directive 77 / 99 / EEC of 21 December 1976 on health problems affecting intra-Community trade in meat products and Council Directive 72 / 461 / EEC of 12 December 1972 on health problems affecting intra-Community trade in fresh meat, Council Directive 80 / 215 / EEC of 22 January 1980 on animal health problems affecting intra-Community trade in meat products.
2. Decree No. 201 / 2003 Coll., on the animal health requirements for fresh poultrymeat, rabbit meat, farmed game meat and wild game meat, as amended by Decree No. 651 / 2004 Coll., in which they are transposed in particular:
Council Directive 71 / 118 / EEC of 15 February 1971 on health problems affecting trade in fresh poultrymeat, Council Directive 91 / 495 / EEC of 27 November 1990 on health and veterinary problems affecting the production and placing on the market of rabbit meat and farmed game meat, Council Directive 92 / 45 / EEC of 16 June 1992 on health and veterinary problems affecting the killing of wild game and the placing on the market of wild game meat and Council Directive 91 / 494 / EEC of 26 June 1991 on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultrymeat.
3. Decree No. 203 / 2003 Coll., on veterinary requirements for milk and milk products, as amended by Decree No. 638 / 2004 Coll., in which it is transposed in particular:
Council Directive 92 / 46 / EEC of 16 June 1992 laying down the health conditions for the production and placing on the market of raw milk, heat-treated milk and milk products.
4. Decree No. 200 / 2003 Coll., on animal health requirements for egg products, as amended by Decree No. 638 / 2004 Coll., in which it is transposed in particular:
Council Directive 89 / 437 / EEC of 20 June 1989 on health and hygiene problems affecting the production and marketing of egg products.
5. Decree No 381 / 2003 Coll., on animal health requirements for aquaculture animals and products thereof, fishery products and live bivalve molluscs and on the animal health conditions for their importation from third countries, as amended by Decree No 201 / 2004 Coll., in which they are transposed in particular:
Council Directive 91 / 67 / EEC of 28 January 1991 laying down the animal health conditions governing the placing on the market of aquaculture animals and products, Council Directive 91 / 493 / EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products and Council Directive 91 / 492 / EEC of 15 July 1991 laying down the health conditions for the production and placing on the market of live bivalve molluscs.
6. Decree No. 379 / 2003 Coll., on animal health requirements for trade in animal products not covered by specific legislation and on animal health conditions for their importation from third countries in which it is transposed in particular:
Council Directive 92 / 118 / EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the specific Community rules referred to in Chapter I of Annex A to Directive 89 / 662 / EEC and, as regards pathogens, to Directive 90 / 425 / EEC.
LIVE PRODUCTS NOT SUBJECT TO SPECIFIC LEGISLATION REFERRED TO IN PART A, BUT COMMERCIAL UNDERTAKINGS SUBJECT TO HEALTH CONTROL PURSUANT TO SUCH EXAMINATION
Other animal products not covered by the specific legislation referred to in Part And neither Annex 3 to Decree No 372 / 2003 Coll., concerning veterinary checks on trade in animals and which have been determined in accordance with the procedure laid down by the European Commission. '
REPEAL PROVISIONS
The following shall be deleted:
1. Decree of the Ministry of Agriculture No. 286 / 1999 Coll., implementing the provisions of Act No. 166 / 1999 Coll., on Veterinary Care and on the Amendment of Certain Related Laws (Veterinary Act), on Animal Health and Protection, on the animal health conditions of import, export and transit of veterinary goods, on veterinary rendering and on attestations.
2. Decree of the Ministry of Agriculture No. 399 / 2001 Coll., amending Decree of the Ministry of Agriculture No. 286 / 1999 Coll., implementing the provisions of Act No. 166 / 1999 Coll., on Veterinary Care and on the amendment of certain related laws (Veterinary Act), on animal health and protection, on animal health conditions of import, export and transit of veterinary goods, on veterinary rendering and on attestation studies.
EFFECTIVE
This Decree shall take effect on 1 May 2005.
Minister:
Ing. Palas v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 164 / 2005 Coll., amending Decree No. 372 / 2003 Coll., on veterinary checks and in trade in animals, and Decree No. 373 / 2003 Coll., on veterinary checks in trade in animal products |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.04.2005 |
|---|---|
| Effective from | 01.05.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0