Decree No. 259 / 2005 Coll.
Decree amending Decree No. 377 / 2003 Coll., on veterinary checks on imports and transit of animals from third countries, and Decree No. 376 / 2003 Coll., on veterinary checks on imports and transit of products from third countries
Valid
Order
Effective from 01.07.2005
Text versions:
01.07.2005
27.06.2005
259
DECLARATION
of 16 June 2005
amending Decree No 377 / 2003 Coll., on veterinary checks on imports and transit of animals from third countries, and Decree No 376 / 2003 Coll., on veterinary checks on imports and transit of products from third countries
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. and Act No. 316 / 2004 Coll., ("the Act ') for the implementation of § 33 (6), § 34 (5), § 37 (5), § 38 (4) and § 38a (2) of the Act:
Amendment of the Ordinance on veterinary checks on imports and transit of animals from third countries
Decree No 377 / 2003 Coll., on veterinary checks on imports and transit of animals from third countries, is amended as follows:
1. In Article 1 (1), the words "This Order shall be amended in accordance with the law of the European Communities (1) 'shall be replaced by the words" This Decree (1) shall incorporate the relevant provisions of the European Communities (1a) and shall be amended.';
footnotes 1 and 1a read:
"(1) It shall be issued on the basis and within the limits of the law, the content of which allows the relevant provisions of the European Communities to be incorporated by decree.
(1a) Council Directive 91 / 496 / EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89 / 662 / EEC, 90 / 425 / EEC and 90 / 675 / EEC. "
2. In Section 1, paragraph 3 is added, including footnotes 1b and 1c:
"(3) In addition, this decree does not apply to veterinary checks on pet animals (1b) which are accompanied by a natural person responsible for them and are not imported for commercial purposes, except equidae (1c).
1b) § 3 (e) of Act No. 246 / 1992 Coll., for the protection of animals against abuse, as amended.
1c) § 2 (h) of Decree No 382 / 2003 Coll., on animal health requirements for trade in animals and on animal health conditions for their importation from third countries. '
3. in Paragraph 2 (e), including footnote 1d, the following shall be added:
"(e) importer - the natural or legal person responsible for the fulfilment of the obligations arising from customs legislation (1d) and related to the import of the consignment into the Community;
(1d) Council Regulation (EEC) No 2913 / 92 of 12 October 1992 establishing the Community Customs Code. ';
4. Article 3, including footnote 2a, reads as follows:
(1) The importer shall notify the border veterinary centre of the arrival of a consignment of animals in the manner laid down directly by the European Communities Regulation (2a). This Regulation shall also apply to the completion and handling of the Common Veterinary Entry Document (the "entry document ').
(2) The official veterinarian of the border veterinary station shall, upon notification of the arrival of the consignment of animals in accordance with the directly applicable Regulation of the European Communities (2a).
(3) Where animals of a species for which import conditions have not yet been harmonised at European Union level are to be imported, the importer shall request the State Veterinary Administration at least 15 days before the date of anticipated import of those animals to communicate the import conditions laid down under which those animals may be imported from the third country concerned.
(4) Imported animals, accompanied by an original health certificate or other required document, must be transported directly to the border veterinary station referred to in Article 11 (1) or, if necessary, to the quarantine centre referred to in Article 15 (1) (b). They shall not leave this station or centre unless:
(a) veterinary checks have not been carried out on these animals in accordance with the law and with Sections 4 (1), (2) and (3) (a), (b) and (d), and Sections 13, 14 and 16;
(b) fees for carrying out border veterinary checks have not been paid, or an advance payment has been made to cover possible expenditure on certain measures linked to border veterinary checks.
(2a) Commission Regulation (EC) No 282 / 2004 of 18 February 2004 establishing a document for the declaration of animals entering the Community from third countries and for veterinary checks on such animals, as amended. ';
5. In Paragraph 7 (1), footnote 7 is replaced by footnote 1c and footnote 7 is deleted.
6. Paragraph 9 (1) reads as follows:
"(1) After carrying out the veterinary checks referred to in Article 4, the official veterinarian of the border veterinary centre shall act in accordance with the provisions of the directly applicable European Community2a."
7. In Article 9, paragraphs 2 and 6 are deleted.
Paragraphs 3 to 5 shall be renumbered paragraphs 2 to 4.
8. In Article 9 (3), the words "and the certificate referred to in Article 12 (1) (b) 'are deleted.
9. in Paragraph 10 (1) (b), at the end of the dot, the following point (c) is added:
"(c) originate in a third country which complies with the animal health requirements for the export of animals to the Member States."
10. in Article 12 (1) (b):
"(b) certify on the entry document that the veterinary checks referred to in Article 4 (1) have been carried out with a favourable result and indicate the type of samples taken and the results of the laboratory tests, or that such results are still expected.";
11. In Article 12, at the end of paragraph 2, the sentence "Their designation and registration provided for by specific legislation12a) shall be added, with the exception of animals for slaughter and equidae, at the place of destination of the animals and, where appropriate, at the end of the observation period laid down by a decision of the European Union institutions. ';
Footnote 12a:
"12a) § 4 (1) (c) of Decree No 372 / 2003 Coll. '.
12. In Paragraph 14 (2), the words "Article 12 'are replaced by the words" in particular as regards the issuing of border transit certificates'.
13. in Article 15 (1) (b), "the Czech Republic" is replaced by "the Community."
14. In Article 16 (1), the words "If the veterinary checks on the transit of animals from one third country to another third country through the territory of the Czech Republic are carried out by an official veterinarian of the border veterinary centre shall also take into account whether" are replaced by the words "If the veterinary checks on the transit of animals from one third country to another third country through the territory of the Czech Republic, the official veterinarian of the border veterinary centre shall proceed in accordance with the directly applicable rules of the European Community2a). It also takes account of whether."
15. in Article 16 (3), the words "Animo15 computer networks" shall be replaced by the words "computer networks operated in accordance with special legislation15";
Footnote 15:
"15) Decree No. 329 / 2003 Coll. For example, Commission Decision 2004 / 292 / EC of 30 March 2004 establishing the Traces system and amending Decision 92 / 486 / EEC. '
16. In Section 21, the word "Animo 'is deleted.
17. Annex 5 shall be deleted;
Amendment of the Ordinance on veterinary checks on imports and transit of products from third countries
Decree No 376 / 2003 Coll., on veterinary checks on imports and transit of products from third countries, is amended as follows:
1. In Article 1, the words "This Order in accordance with European Community law (1) 'are replaced by the words" This Decree (1) shall incorporate the relevant provisions of the European Communities (1a) and';
footnotes 1 and 1a read:
"(1) It shall be issued on the basis and within the limits of the law, the content of which allows the relevant provisions of the European Communities to be incorporated by decree.
(1a) Council Directive 97 / 78 / EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries. Council Directive 95 / 53 / EC of 25 October 1995 laying down the principles governing the organisation of official controls on animal nutrition. Council Directive 2002 / 99 / EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption. '
2. In Paragraph 1, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The border veterinary inspection provided for in this Order shall be subject to the import of animal products listed together with the codes of the relevant computerised system and the entries of the Combined Nomenclature (CN) are listed in Part A of Annex 1 to this Order and plant products listed in Part B of Annex 1 to this Order. The general description of the groups of animals, animal species and species of animal products is given in Part C of Annex 1 to this Decree. The destinations for live animals, germinal products and animal products are set out in Part D of Annex No 1 to this Regulation. '
3. in Article 2 (a), including footnote 1 (b):
"(a) products - products of animal origin covered by specific legislation1b), including animal by-products not covered by Annex II to the Treaty establishing the European Community, and plant products listed in Part B of Annex 1 thereto,
1b) Decree No. 372 / 2003 Coll., concerning veterinary checks on trade in animals. Decree No 373 / 2003 Coll., concerning veterinary checks on trade in animal products. '.
4. in Article 2 (f), including footnote 1c, the following shall be added:
"(f) importer - the natural or legal person responsible for the fulfilment of the obligations arising from customs legislation (1c) and related to the import of the consignment into the territory of the Member States (hereinafter referred to as" Community territory "),
(1c) Council Regulation (EEC) No 2913 / 92 of 12 October 1992 establishing the Community Customs Code. ';
5. in Article 2, the following point (i) is inserted after point (h):
"(i) imports - the release for free circulation of products and the intention to release products for free circulation in accordance with the directly applicable provisions of the European Community1d),
1d) Article 79 of Council Regulation (EEC) No 2913 / 92. '
Points (i) and (j) shall be renumbered as points (j) and (k).
(6) Paragraph 3, including footnotes 2a, 3 and 3a, reads:
(1) Each consignment of products coming from a third country and intended for import into the Community,
(a) they must comply with the animal health requirements for the production, processing, storage, transport and putting into circulation of the products referred to in the specific legislation2a, or animal health requirements equivalent to those requirements;
(b) the originals of the health certificates or other required accompanying documents certifying compliance with the animal health requirements referred to in (a) and special import conditions, provided that they have been established by decision of the institutions of the European Union, must be accompanied;
(c) irrespective of the customs-approved destination of goods (3), it is subject to border veterinary checks, documentary checks, conformity checks and physical checks, where the consignment of animal products listed in Part A of Annex 1 to this Regulation is concerned, and documentary checks and conformity checks, if the plant products listed in Part B of Annex 1 thereto are concerned.
(2) The importer notifies the border veterinary station of the arrival of a consignment of products in the manner laid down directly by the European CommunityRegulation (3a). This Regulation shall also apply to the completion and handling of the Common Veterinary Entry Document (the "entry document ').
(3) The official veterinarian of the border veterinary station shall, upon notification of the arrival of a consignment of products in accordance with the directly applicable provisions of the European Community3a). The documentary and conformity checks referred to in paragraph 1 (c) shall be carried out in accordance with the directly applicable Regulation of the European Communities (3a) of Annex I, laboratory tests and testing of official samples shall be carried out in accordance with the directly applicable Regulation of the European Communities (3a) of Annex II.
(4) Where products for which import conditions have not yet been harmonised at European Union level are to be imported, the importer shall request the State Veterinary Administration at least 15 days before the date of expected import of those products to communicate the import conditions under which those products may be imported from the third country concerned.
2a) For example, § 3a of Decree No. 202 / 2003 Coll., on animal health requirements for fresh meat, minced meat, meat preparations and meat products, § 3a of Decree No. 201 / 2003 Coll., on animal health requirements for fresh poultrymeat, rabbit meat, farmed game meat and wild game meat, and § 3a of Decree No. 203 / 2003 Coll., on animal health requirements for milk and milk products.
3) Article 4 (15) of Council Regulation (EEC) No 2913 / 92 of 12 October 1992 establishing the Community Customs Code.
(3a) Commission Regulation (EC) No 136 / 2004 of 22 January 2004 laying down procedures for veterinary checks on products imported from third countries at Community border inspection posts. '
7. in Article 4 (1) (a), the words "submitted in advance by the importer pursuant to Article 3 (3)" shall be replaced by the words "indicated by the importer on the entry document."
8. In Article 4, paragraphs 3 and 4 are deleted.
Paragraph 5 shall become paragraph 3.
9. Paragraph 4 (3) reads as follows:
"(3) Physical checks shall be carried out in the manner set out in Annex 4 to this Order. ';
10. in Article 5 (1), the words "referred to in Article 4 (4)" shall be deleted;
11.
After carrying out the veterinary checks referred to in § 3 (1) (c), the official veterinarian of the border veterinary centre shall proceed in accordance with the provisions directly applicable to the European Community3a. '
12. in Article 11 (1), the words "Animo7 computer networks" shall be replaced by the words "computer networks operated in accordance with special legislation7" (hereinafter referred to as "computer networks");
footnote 7:
"7) Decree No. 329 / 2003 Coll. For example, Commission Decision 2004 / 292 / EC of 30 March 2004 establishing the Traces system and amending Decision 92 / 486 / EEC. '
13. in Article 11 (2) and (4) (a), the words "with the document referred to in Article 7 (1)" shall be replaced by the words "with the entry document."
14. in Articles 11 (4) (b), 13 (2) (d), 18 (d), 19 (5) and 20 (3), the word "Animo" shall be deleted;
15. in Article 13 (2) (a) and Article 14 (3), "(a)" is replaced by "(b)";
16. in Article 13 (2) (c) (1), "the document referred to in Article 3 (2)" shall be replaced by "the entry document."
17. in Article 13 (2) (e), "on the document referred to in Article 3 (2)" is replaced by "on the entry document."
18. In Article 13 (3), "in the document referred to in Article 3 (2) 'is replaced by" in the entry document';
19. in Articles 13 (4) and 15 (1) and (2), the words "the document referred to in Article 3 (2)" shall be replaced by the words "the entry document."
20. in Article 15 (2) (d) and (4) (b), the words "the document referred to in Article 3 (2)" shall be replaced by "the entry document."
21. in Article 15 (5), "the document referred to in Article 3 (2)" is replaced by "the entry document."
22. in Article 21 (2), the words "in special legislation11)" are replaced by the words "in the directly applicable regulation of the European Communities (11)."
footnote 11:
"(11) 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."
23. In Article 23, the following paragraph 5 is added:
"(5) Products which, according to the customs-approved destination of the goods, are not intended for import into the Community (Section 3 (1)) or for a free zone, free warehouse or customs warehouse (Section 14 (1)) but are intended for another purpose, shall be subject to conformity checks and physical checks to ensure that they meet or do not meet the import conditions. The check shall not be carried out if these products are disposed of or returned. ';
24. in Article 30 (1) (a), (b) and (d), the words "laid down by specific legislation2) or by the Commission" shall be replaced by the words "laid down by a directly applicable European Communities3a)."
25. in Article 30 (1) (a) and (b), the words "approved by the Commission" shall be replaced by the words "approved by the Commission15";
Footnote 15:
"(15) For example, Commission Decision 97 / 296 / EC of 22 April 1997 establishing a list of third countries from which imports of fishery products for human consumption are authorised, as amended."
26. in Article 30 (2) and (3), including footnotes 16 and 17, the following are added:
"(2) However, the veterinary checks provided for in this decree shall also be carried out on meat, meat products, milk and milk products imported under the conditions referred to in paragraph 1 (a), (b) and (d) in accordance with the provisions directly applicable to the European Community16).
(3) Veterinary checks on imported composite food products17) which contain only a limited number of products of animal origin listed in Annex 1 to this Regulation shall apply the animal health requirements laid down in the legislation of the Czech Republic.
16) Commission Regulation (EC) No 754 / 2004 of 16 April 2004 laying down measures concerning imports of products of animal origin for personal consumption.
17) Article 3 of Commission Decision 2002 / 349 / EC of 26 April 2004 establishing a list of products to be investigated at border inspection posts under Council Directive 97 / 78 / EC. "
27. Annexes 2, 3 and 6 and Part B of Annex 4 are deleted.
EFFECTIVE
This Decree shall take effect on 1 July 2005.
Minister:
Ing. Zgarba v. r.
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Regulation Information
| Citation | Decree No. 259 / 2005 Coll., amending Decree No. 377 / 2003 Coll., on veterinary checks on imports and transit of animals from third countries, and Decree No. 376 / 2003 Coll., on veterinary checks on imports and transit of products from third countries |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.06.2005 |
|---|---|
| Effective from | 01.07.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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