Decree No. 376 / 2003 Coll.
Ordinance on veterinary checks on imports and transit of products from third countries
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Order
Effective from 01.05.2004
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376
DECLARATION
of 30 October 2003
concerning 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., ("the Act ') for the implementation of § 33 (6), § 37 (5), § 38 (4) and § 38a (2) of the Act:
Subject matter
(1) This decree (1) implements the relevant provisions of the European Union1a) and provides for
(a) the place and manner of carrying out border veterinary checks on products imported from countries not Member States of the European Union ("third countries"), the location, material and personnel security of the border veterinary centre;
(b) the cooperation and assistance of importers and their representatives ("importers") provided to border veterinary inspection authorities;
(c) details of the measures taken by the border veterinary inspection authorities on the basis of the finding that the import conditions are not met;
(d) the extent and other details of the data communicated by the border veterinary inspection authorities by means of remote transmission of data;
(e) the import requirements for products intended for free zones, free warehouses or customs warehouses and their border veterinary checks;
(f) details of the authorisation to re-import products refused by a third country and the direct supply of products intended for consumption by crew and passengers on board in international maritime transport;
(g) details of the authorisation of transit of products from third countries;
(h) cases where imported products are not subject to certain provisions on imports of products from third countries.
(2) The veterinary inspection provided for in this Decree is subject to the import of animals and products listed in the European Union Code establishing lists of animals and products subject to checks at border veterinary stations (1b).
According to this decree:
(a) products - products of animal origin covered by specific legislation1c), animal by-products under the directly applicable European Union1d), products covered by the directly applicable European Union1e), and plant products referred to in the European Union Regulation establishing lists of animals and products subject to checks at border veterinary stations 1b),
(b) veterinary checks - any physical check or administrative action concerning products intended to protect human or animal health directly or indirectly;
(c) documentary checks - verification (review) of veterinary certificates and other documents accompanying products,
(d) conformity check - visual inspection to verify that the health certificate or other document accompanying the products complies with the marking and those products;
(e) physical checks - checking of products which may include checking of packaging and temperature and taking samples and laboratory tests;
(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"),
(g) by consignment - a certain quantity of products of the same kind covered by the same health certificate or other document, transported by the same means of transport and originating in the same third country or part of a third country,
(h) border veterinary station - border inspection post designated and approved by the European Commission ("the Commission") for carrying out border veterinary checks on products coming from third countries at the border of one of the Member States of the European Union ("the Member State"),
(i) imports - the release for free circulation of products and the intention to release products for free circulation in accordance with the directly applicable European Union Regulation laying down the Community Customs Code (1g);
(j) import conditions - animal health requirements for imported products laid down by law, regulation and specific legislation2) in accordance with requirements laid down by European Union rules;
(k) the competent authority - the central authority of the Member State authorised to carry out veterinary checks or the authority to which that authority has been delegated.
Veterinary checks on products imported from third countries
(1) Each consignment of products coming from a third country and intended for import into the Union,
(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 directly applicable provisions of the European Union2a, 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) be subjected, irrespective of the customs-approved destination of goods (3), to border veterinary checks, documentary checks, conformity checks and physical checks, when the consignment of animals and products referred to in the European Union Code establishing lists of animals and products subject to checks at border veterinary stations (1b).
(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 Union3a). 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 European Union3a). 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 Union3a) of Annex I, the laboratory tests and the examination of official samples shall be carried out in accordance with the directly applicable Regulation of the European Union3a 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.
(1) The documentary check shall verify that the particulars contained in the health certificate or other document accompanying the products,
(a) correspond to the information given by the importer on the entry document;
(b) certify that they are fulfilled in those documents of the said health guarantee.
(2) Compliance checks shall be carried out to verify that the products comply with the particulars given in the health certificate or other document accompanying the products. Notwithstanding consignments of bulk products covered by specific legislation, (5) the conformity check shall include:
(a) in the case where products of animal origin are transported in containers, verifying that seals, if required, are attached by an official veterinarian (or other administrative authority) and intact and that the particulars contained therein correspond to those provided for in the veterinary certificate or other document accompanying the products;
(b) in other cases, check that the products are duly stamped, health marks, or other required marks, whether they are visible to the country and the undertaking of origin of the products and correspond to the particulars given in the health certificate or other document accompanying the products and, if the products are packed in the first or second packages, whether they are properly labelled.
(3) Physical checks shall be carried out in accordance with Annex 4 to this Order.
(1) Physical checks shall be carried out in such a way that the importer cannot estimate in advance which consignment will be subject to such checks.
(2) The frequency of physical checks to which consignments of products from third countries are subject is laid down in Annex 5 to this Decree for each product group. However, this is without prejudice to the provisions of the Special Legislation (5) on physical checks.
(3) In accordance with Section 48 (1) of the Act, the State Veterinary Administration may request to the Commission a duly substantiated request, taking into account in particular the results of previous veterinary checks, to reduce the frequency of physical checks on products for which import conditions have already been harmonised at European Union level if:
(a) those products come from a third country or part thereof which provides sufficient animal health guarantees as regards the checks on products intended for export to the Union carried out at the place of origin and which appear on the list of approved third countries from which products are authorised to be imported into the Union;
(b) these products come from undertakings listed in approved undertakings from third countries;
(c) import health certificates have been issued for the products in question.
After carrying out the veterinary checks referred to in Article 3 (1) (c), the official veterinarian of the border veterinary centre shall proceed in accordance with the provisions directly applicable to the European Union3a).
Border Veterinary Stations
(1) Border veterinary centres must:
(a) be located in the immediate vicinity of the point of entry into the Czech Republic and the customs territory. However, where this is necessary due to geographical conditions, such as the location of the airport, port, railway station, road border crossing, etc., the border veterinary station may be located at an appropriate distance from the point of entry,
(b) be subject to the authority of the official veterinarian responsible for carrying out border veterinary checks.
(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.
(3) In accordance with Section 48 (1) (o) (2) of the Act, the State Veterinary Administration shall submit to the Commission proposals for the approval of border veterinary centres, whether a border veterinary inspection of all or only certain categories of products is to be carried out at the border veterinary station concerned.
(4) An approved border veterinary centre must be built, furnished, maintained and operated in accordance with the conditions for approval of border veterinary centres and the requirements set out in Annex 8 to this Regulation.
(5) The State Veterinary Administration shall publish on its website a list of approved border veterinary centres where veterinary checks are carried out on products coming from third countries on the territory of the Union.
(1) Border veterinary centres must have at least:
(a) an office equipped with means of communication, including telephone, fax, Animo terminal and photocopying machine, with all necessary documentation and the possibility of archiving documents relating to product control;
(b) social rooms (dressing rooms, toilets and hand-washing equipment) which will be used together only by inspection staff;
(c) a closed and covered place for unloading products from means of transport. Security shall not be required only in the case of consignments of wool not transported in containers, bulk processed animal proteins not intended for human consumption, manure, guana, liquid oils and fats which are transported on ships. In the case of products which require a specific temperature and which are intended for human consumption, with the exception of fish, the transition between the transport area and the place of unloading must be closed and protected from the external environment,
(d) a veterinary inspection room where the products are checked and samples are taken for further tests. The sampling point need not be separated from the control room,
(e) appropriate storage rooms or other premises allowing, under the supervision of an official veterinarian, simultaneous storage of suspended consignments in both chilled and frozen condition or at ambient temperatures until the results of laboratory or other tests are known.
(2) A border veterinary centre approved for veterinary checks on products chilled, frozen or kept at ambient temperature must have sufficient storage facilities to allow the simultaneous storage of the corresponding quantities of products from each temperature category. Deep-frozen semen and embryos, by-products or blood products of animal origin which are transported for technical uses, including pharmaceutical use, may be checked at the border veterinary station by means of equipment intended for handling packaged products at ambient temperature, if these consignments are transported at ambient temperature, in hermetically sealed containers equipped with their own temperature control.
(3) The use of commercial storage premises near a border veterinary station, in the same port or customs area shall be possible under the supervision of an official veterinarian and provided that the suspended products are stored separately from other products in a separate lockable room or zone.
(4) The storage of products in separate containers, permanently located at the place of unloading, is possible provided that such containers are linked to the place of unloading in such a way that the landing process is protected from weather effects. Further storage of products of all categories in means of transport in which they were brought to a border veterinary station shall be possible only in exceptional cases under the supervision of an official veterinarian, if it is a border veterinary station at the point of road or railway border crossing point or at a port.
(1) Products intended for human consumption must be checked at places of unloading, rooms and storage areas other than products not intended for human consumption. However, this shall not apply to a border veterinary station approved only for packaged products; common landing points may be used in such a border veterinary station if, during and after unloading, products intended for human consumption and products not intended for human consumption are separated from each other so that there is no cross-contamination.
(2) On the basis of a risk assessment by the Regional Veterinary Administration, border veterinary centres which carry out a limited number of consignments of products of any category per year, namely products intended for human consumption or products intended for non-human consumption, may use the same landing, inspection and storage equipment for all products for which the site is approved, provided that the premises are used separately for each consignment and that such equipment is properly cleaned and disinfected between handling and controls as appropriate.
(1) If
(a) the products are intended for a Member State or region applying specific animal health guarantees in accordance with European Union rules;
(b) samples have been taken but the results of their examination are not yet known when the means of transport leaves the border veterinary station; or
(c) the products are imported in accordance with European Union rules for special purposes;
must be communicated to the competent authority of destination via a computer network operated in accordance with a specific legislation (7) (hereinafter referred to as the "computer network ') with additional information relating to those facts.
(2) Each consignment of the products referred to in paragraph 1 (a) and (c) and intended for another Member State shall be subject to documentary checks, conformity checks and physical checks at a border veterinary station in the territory of the Czech Republic through which those products enter the territory of the Union, in particular in order to verify that they comply with the requirements laid down by European Union rules and applied in the Member State or region of destination. The meat of wild feathered game which is imported unskinned shall be subjected to conformity checks and physical checks at the border veterinary station in accordance with the first sentence; the health inspection 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 (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 holding of destination to which the meat must be delivered under customs control in accordance with paragraph 4 (a), together with the entry document. The results of those veterinary checks shall then be transmitted to the official veterinarian at the point of entry into the Union of the products. Where appropriate, depending on the outcome of these checks, the measures referred to in Article 25 (1) shall be applied.
(3) Where the products referred to in paragraph 1 (a) and (c) enter the Czech Republic, which is not the Member State of destination, any measures must be taken to ensure that they are delivered to the Member State of destination.
(4) If products are to be monitored from a border veterinary station until they arrive at the holding at the place of destination in accordance with the requirements laid down by European Union rules, the following conditions shall be complied with:
(a) the consignment of products is dispatched from a border veterinary station to an undertaking at the place of destination under the supervision of an official veterinarian in sealed impermeable vehicles or containers. The products referred to in paragraph 1 (c) shall remain under customs control until their destination together with the entry document setting out the authorised destination and indicating, where appropriate, the method of the intended processing,
(b) the official veterinarian of the border veterinary station shall inform the competent authority responsible for the holding at the place of destination via the computerised network (7) of the place of origin and destination of the products;
(c) the products are treated on the holding at the place of destination in the manner laid down by European Union rules;
(d) the competent veterinary authority responsible for supervision at the place of destination shall be informed by the management of that undertaking of the delivery of the products to the place of destination and shall inform the official veterinarian of the border veterinary station which notified the consignment within 15 days. At the same time, they shall carry out the usual checks, in particular checks on entry records, to verify that the products have entered the holding of destination.
(5) If the official veterinarian of the border veterinary station at the point of entry of the products into the Czech Republic has obtained proof that the products intended for an undertaking approved for the treatment of the products have not been delivered to the place of destination, he shall take appropriate measures in relation to the importer. This is without prejudice to the procedure laid down in Paragraph 23.
(6) The State Veterinary Administration shall submit to the Commission the list of undertakings approved for the treatment of products from third countries referred to in paragraph 4.
(1) However, consignments of products intended for import into the territory of the Union which have been transported to a border veterinary station are intended to be imported through another border veterinary station situated in the territory of the same or other Member State are subject to conformity checks and physical checks at the border veterinary station of destination provided that they are carried by air or ship; the border veterinary station at the point of entry shall be followed in accordance with paragraphs 2 and 3.
(2) Where a consignment is transhipped from one aircraft to another or from one ship to another within the customs territory of the same airport or port, either directly or after unloading on an aerodrome surface or on a waterfront for a period of less than 12 hours, in the case of an airport or for a period of less than 7 days, in the case of a port, the importer shall inform the competent authority. This office may exceptionally, where there is a risk of endangering human or animal health, carry out a documentary check accompanying the consignment and, where appropriate, certified copies thereof.
(3) If there is another case of unloading of the consignment, it must be:
(a) stored for at least 12 hours and not more than 48 hours in the case of an airport, or at least 7 days and not more than 20 days in the case of a port, under the supervision of an official veterinarian in the customs territory of the airport or port, until it is transported by air or sea to another border veterinary station;
(b) subject to inspection of the documents referred to in the second sentence of paragraph 2,
(c) subject, exceptionally, to conformity checks and physical checks where there is a risk of endangering human or animal health; This is without prejudice to the procedure laid down in Paragraph 23.
(4) If the longest period referred to in point (a) of paragraph 3 is elapsed, the consignment must be subjected to a conformity check and physical check in accordance with § 3 (1), § 4 at the first border veterinary station reached.
(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.
Transit of third country products
(1) When authorising the transit of consignments of products from one third country to another third country or to the same third country via the Czech Republic, it should be assumed that:
(a) this consignment comes from a third country whose products are not prohibited from entering the Union and whether it is intended for another third country. This requirement may be waived only if it concerns the transfer of a consignment from one aircraft to another or from one ship to another within the customs territory of the same airport or port carried out in accordance with Paragraph 12 (2) for the purposes of its further dispatch without further stop in the territory of the Union,
(b) the transit has previously been authorised by an official veterinarian of the border veterinary station of the Member State in whose territory the consignment first entered the Union;
(c) the importer has made a prior undertaking to retake the consignment if the products are rejected and to dispose of it in accordance with Article 36 of the Act.
(2) The authorisation of the transit referred to in paragraph 1 is subject to:
(a) the consignment presented at the border veterinary station for transit shall be accompanied by the documents referred to in Article 3 (1) (b), if necessary by certified translations;
(b) the consignment is presented at that border veterinary station for documentary and compliance checks. However, the official veterinarian of the border veterinary station need not carry out such checks, if air or ship is concerned, if the consignment:
1. is not unloaded. In this case, the documentary check shall be limited to reviewing the list of cargo,
2. it is transferred from one aircraft to another or from one ship to another in the customs territory of the same airport or port in the manner specified in § 12 (2).
However, if human or animal health may be at risk, or suspected error is suspected, an additional physical check must be carried out,
(c) in the case of transit through the Union by road, rail or waterway, the consignment:
1. dispatched to the place of exit from the territory of the Union under customs control, together with the documents referred to in point (a) and the entry document, by a border veterinary centre certified through which the consignment leaves the territory of the Union,
2. transported without unloading of the products or divisions after leaving the border veterinary station at the point of entry into the Union in vehicles or containers sealed by the official veterinarian of the border veterinary station. The handling of the consignment during transport is not permitted,
3. the consignment shall leave the territory of the Union via a border veterinary station no later than 30 days after leaving the border veterinary station at the point of entry into the territory of the Union, unless otherwise provided for in respect of a large geographical distance,
(d) the official veterinarian of the border veterinary station which authorised the transit shall inform the official veterinarian of the border veterinary station at the point of exit of the consignment from the territory of the Union via a computer network, 7)
(e) the official veterinarian of the border veterinary station at the point of exit of the consignment from the territory of the Union shall certify on the entry document that the consignment has left the territory of the Union and send a copy to the border veterinary station at the point of entry into the territory of the Union. Where the official veterinarian of that border veterinary station is not informed of the exit of the products from the territory of the Union within the period referred to in point (c) (3), he shall notify the competent customs authority which shall initiate the investigation necessary to establish the actual place of arrival of the products.
(3) The inspection of the consignment at the border veterinary station at the point of exit from the territory of the Union shall be carried out in order to verify that the consignment leaving the territory of the Union corresponds to the consignment which was dispatched from the point of entry into the territory of the Union and that it conforms to the information contained in the entry document.
(4) Upon completion of the checks, the entry document accompanying the consignment shall be marked "Formalities on exit from the EC and checks on transit goods have confirmed the accuracy and compliance with Article 11 (2) (e) of Directive 97 / 78 / EC. ', the date, stamp of the border veterinary station and the signature of the official veterinarian.
Products intended for free zone, free warehouse or customs warehouse
(1) Consignments of products coming from a third country and intended for a free zone, free warehouse or customs warehouse (hereinafter referred to as "warehouse") may be released if the importer has previously declared that those products are intended for free circulation in the territory of the Union or are intended for other end-uses and that they fulfil or do not comply with import conditions. Where no other end-use of the products is clearly indicated, they shall be considered as intended for free circulation in the Union.
(2) The consignments referred to in paragraph 1 shall be subject to documentary checks, conformity checks and physical checks at the border veterinary station at the point of entry into the Union in order to verify whether the imported products comply with or do not comply with the import conditions. However, physical checks shall not be required except in cases where there is a suspicion of a threat to human or animal health, provided that documentary checks show that the products do not comply with the import conditions.
(3) The consignments referred to in paragraph 1 must be accompanied by the documents referred to in Article 3 (1) (b), where necessary by certified translations.
(4) If it appears that the importer has made a false declaration pursuant to paragraph 1, it shall be treated in accordance with Section 36 of the Act.
(1) If the checks referred to in Article 14 (2) find that the import conditions are met, the official veterinarian of the border veterinary station shall issue an entry document to be attached to the customs documents and the products may enter storage. From a veterinary point of view, they are eligible for subsequent release for free circulation.
(2) If the checks referred to in Article 14 (2) find that the import conditions are not met, the official veterinarian of the border veterinary station shall issue an entry document intended to be attached to the customs documents, but the products may enter storage only provided that:
(a) the products do not come from a third country whose products are prohibited from entering the territory of the Union;
(b) the warehouse is approved for the storage of such products. In order for a warehouse to be approved for that purpose, it shall:
1. be made up of enclosed space with entrances and exits which are under constant control of warehouse management. The circumference and the entry and exit points of the free zone and the free warehouse shall be under the supervision of the customs authorities,
2. ensure daily recording of all consignments entering or leaving the warehouse. Such records shall contain details of the nature and quantity of the products in the consignment, as well as the name and, where appropriate, the name and surname of the natural person and the business name and registered office in the case of a legal person, and the address of the consignee, and shall be kept for at least 3 years,
3. have storage or cold storage facilities which allow separate storage of products not complying with animal health requirements. The Regional Veterinary Administration may, in the case of existing warehouses, give its consent to the separate storage of those products in the same storage areas where such products are stored in lockable compartments,
4. have at their disposal premises designated for veterinary inspection authorities with Internet access for the use of an official veterinarian;
5. comply with the conditions for approval of the establishment in which the animal products are treated, laid down in a specific legislation, 9)
6. be under state veterinary supervision,
(c) the products are subject to documentary checks at the time of delivery to the warehouse, as well as documentary checks and conformity checks during storage and before dispatch from the warehouse, in order to verify their origin and destination. Their dispatch from the warehouse shall be subject to the approval of the authorities carrying out national veterinary surveillance in the warehouse. If the consignment is split, the packaging of the individual parts of the consignment must remain unchanged,
(d) in order to identify the products in storage, the number of the relevant entry document shall be affixed on each piece,
(e) the official veterinarian of the border veterinary station shall issue copies of the veterinary documents accompanying the products to be deposited at the border veterinary station.
(3) Where there is a suspicion of a threat to human or animal health, physical checks may be carried out on all products delivered to, stored or dispatched from the warehouse.
(4) The recording of consignments referred to in paragraph 2 (b) (2) shall allow the monitoring of all consignments and the comparison of the quantities of products entering and leaving the warehouse. It shall also contain:
(a) the country of origin and subsequent border veterinary entry (if the consignment comes into storage),
(b) the serial number of the entry document or the document referred to in Article 19 (3) (a);
(c) the designation (number, address) of the warehouse of destination belonging to the operator referred to in Article 19 (1) (if necessary);
(d) the vessel of destination or the third country of destination and the border veterinary station at the point of exit (if necessary).
(5) Where a consignment of products which do not comply with the import conditions is placed in storage in two or more parts, the official veterinarian of the border veterinary station shall issue a health certificate for each part of the consignment and indicate a reference thereto to the original entry document accompanying the products when they arrive in storage. This document shall then remain at the border veterinary station.
Veterinary checks on warehouses and storage areas shall focus in particular on:
(a) compliance with the conditions for approval of the warehouse;
(b) compliance with the requirements that products which do not comply with the import conditions are not stored in the same room or in the same closed area where the products which comply with those conditions are stored;
(c) checks on entry into and exit from the warehouse, in particular at the time when the warehouse is accessible, in order to prevent products which do not comply with the import conditions from leaving the storage premises without the consent of the authorities carrying out national veterinary surveillance in the warehouse;
(d) to prevent any changes or changes to the products stored or any changes to their second or first packaging or processing.
(1) Products
(a) they need not be admitted to storage if they do not comply with the import conditions,
(b) they may not be admitted to storage if their consignment is not accompanied by customs seals.
(2) The consignments referred to in Article 15 (2) may leave the warehouse only for the purpose of:
(a) dispatch to a third country where the requirements of Article 13 (1) (c) and (2) (a), (c), (d) and (e) are complied with;
(b) transport to a warehouse belonging to the operator referred to in Article 19 (1) using the health certificate referred to in Article 19 (3) (a), which includes the marking and the location of the warehouse;
(c) transport to the place where the products are disposed of after denaturing.
(3) The consignments referred to in paragraph 2 shall be dispatched in impermeable, official veterinarian-sealed vehicles or containers. They shall be transported without unloading and under the supervision of an official veterinarian; shall not be transported between warehouses.
(4) The State Veterinary Administration shall submit to the Commission, on the one hand, the list of approved warehouses and, on the other hand, the list of operators referred to in Article 19 (1).
(5) If the requirements set out in paragraphs 14, 15, 16 and 17 (1) to (4) are not complied with, the penalties provided for in the law apply. If the requirements relating to warehouses are not complied with, the approval of the warehouse may be suspended or withdrawn in accordance with the procedure laid down in Article 49 (1) (h) (2) or, where applicable, Article 49 (1) (d) of the Act; The State Veterinary Administration shall inform the Commission and the Member States of such measures.
The transport of the products referred to in Article 15 (2) to or from the warehouse may take place only under the following conditions:
(a) the official veterinarian of the border veterinary station has satisfied himself that the warehouse to which the products are to be transported is approved for the acceptance of products of this kind which do not comply with import conditions;
(b) the seals used are such that they break down at any time when the vehicle or container is opened;
(c) the means of transport used are properly cleaned and disinfected where necessary after use;
(d) the competent authority responsible for the place of departure shall inform the competent authority responsible for the transport of the products through a computer network, 7)
(e) the products shall reach their destination within 30 days of the date of dispatch. If not, the veterinary inspection authorities shall inform the competent customs authority accordingly.
Products supplied for consumption by crew and passengers on board in international maritime transport
(1) Operators supplying the products referred to in Article 15 (2) and intended for consumption by crew and passengers directly to vessels in international maritime transport must, in addition to complying with the requirements of § 37 (3) of the Act and § 14, § 15 (2) (a), (b) (2), (3) and (5), § 16 and § 17 (1), fulfil the following conditions:
(a) the products they supply may not be processed unless they comply with the requirements of the European Union as unprocessed;
(b) notify without delay the competent authority of the State veterinary surveillance of the delivery of the products to its warehouse.
(2) Where the warehouse of the operator referred to in paragraph 1 is situated in a free zone, it shall comply with the requirement set out in Section 15 (2) (b) (1), second sentence.
(3) Operators referred to in paragraph 1 must:
(a) deliver the products directly on board a seagoing vessel or to a specially approved warehouse in the port of destination in such a way that the products delivered cannot be moved from the port zone to another destination. During transport from the warehouse of origin to the port of destination under customs control, the products shall be accompanied by a health certificate drawn up in accordance with the model set out in Annex 9 hereto. A single health certificate must be used for a consignment containing products derived from different consignments,
(b) report in advance to the competent authority of the port zone in the Member State from which the products are delivered and to the competent authorities of the port in the Member State of destination the date of dispatch of the products and details of their destination. This report shall be carried out by means of the health certificate referred to in point (a). Where a consignment is destined for a port in another Member State, a copy of this certificate shall be transmitted to the competent authority at the port of destination. Upon embarkation of the products and signature of the certificate for the competent authority at the port of destination, that certificate shall be returned to the official veterinarian as proof of the delivery of the products,
(c) provide proof that the products have reached their final destination;
(d) keep records of the entry into and exit from the warehouse of the products for at least 3 years.
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Regulation Information
| Citation | 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 | 10.11.2003 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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