Decree No. 383 / 2003 Coll.
Decree on animal health conditions for imports of certain animal products from third countries
Valid
Order
Effective from 01.05.2004
Text versions:
01.05.2004
10.11.2003
Zobrazeno prvních 200 z celkem 283 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
383
DECLARATION
of 3 November 2003
on animal health conditions governing imports of certain animal products from third countries
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., ("the Act ') for the implementation of Sections 37 (5), 38a (2) and 38b (2) of the Act:
Preliminary provisions
Subject matter
(1) This decree regulates in accordance with the law of the European Community1)
(a) animal health conditions governing imports of fresh meat, minced meat, meat preparations, meat products, fresh poultry meat, rabbit meat, farmed game meat, wild game meat (hereinafter referred to as game meat), milk and milk products intended for human consumption from countries not Member States of the European Union (hereinafter referred to as "third countries");
(b) the period within which the veterinary certificate may be requested and on the basis of which it is issued, the particulars of the certificate and its period of validity.
(2) This decree does not apply to:
(a) meat and meat products other than those referred to in (d) which are part of travellers' personal luggage and which are intended for their personal consumption, provided that their quantity is not more than 1 kg per person and that they come from a third country or part of a third country appearing on a list drawn up and published by the Commission of the European Community (hereinafter referred to as "the list") and from which meat and meat products may be imported into the territory of the Member States (hereinafter referred to as "Community territory"),
(b) meat and meat products other than those referred to in (d) which are dispatched in small packages to private persons, provided that such meat and meat products are not imported for commercial purposes, that their quantity is not more than 1 kg and that they come from or part of a third country listed and from which meat and meat products may be imported into the Community;
(c) meat and meat products intended for the catering of personnel and passengers on board means of international transport. Where meat and meat products or kitchen waste are unloaded from them, they shall be disposed of. However, this is not necessary if they are transhipped directly or after temporary placing under customs control from one means of transport to another,
(d) meat products in quantities up to 1 kg which have been heat-treated in hermetically sealed packages at F0 = 3 or more and which are:
1. part of passengers' personal luggage and are intended for their personal consumption;
2. sent in small packages to private persons provided they are not imported for commercial purposes,
(e) small quantities of small wild game or a single body of large wild game, where it may be excluded, as appropriate, that meat of that game is not intended for trade between Member States (hereinafter referred to as "trade") or for commercial use, and where such game does not come from a third country or part of a third country with which trade in game is prohibited, taking into account the results of monitoring carried out to detect the occurrence of a dangerous disease listed in Annex 1 to the law or to take account of the occurrence of such disease, or, where appropriate, other diseases considered exotic, or on the basis of the detection of residues in quantities exceeding the limits.
For the purposes of this decree:
(a) meat - all parts of domestic bovine animals, including buffalo species (Bison bison) and buffalo (Bubalus bubalis), pigs, sheep, goats and solipeds, which are fit for human consumption, in the case of meat products, also minced meat and meat preparations, as well as poultry meat, rabbit meat, farmed game meat and game meat;
(b) fresh meat - meat, including meat packed in vacuum or in a protective atmosphere, for which no treatment other than cooling or freezing has been used for preservation;
(c) offal - fresh meat other than carcases, 2) although naturally linked to that body,
(d) minced meat - meat cut or ground by a mill,
(e) meat preparations - the meat referred to in (a) to which food, seasoning or additives have been added, or which have undergone a treatment which is not sufficient to alter the internal cell structure of the meat and thus to disappear the properties of fresh meat intended for heat or other kitchen preparation before consumption;
(f) meat products - products prepared from meat or with a proportion of meat which have been treated in such a way that, when assessing the cutting surface by the core of the product, it is found that the characteristic characteristics of the fresh meat have disappeared. Meat treated only with cold and minced meat and meat preparations shall not be considered as meat products,
(g) poultry meat - all edible parts of the bodies of domestic bird species belonging to the fowl, turkey, guinea fowl, duck and goose genera,
(h) fresh poultrymeat - poultrymeat, including meat packed in vacuum or in a protective atmosphere for which no treatment other than cooling or freezing has been used for preservation;
(i) rabbit meat - all edible parts of the domestic rabbit;
(j) farmed game meat - all edible parts of wild land mammals and wild birds, including runners, breeding, breeding and slaughter in captivity;
(k) game - all edible parts of wild game bodies,
(l) drinking heat-treated milk - drinking milk intended for sale to the consumer, which has undergone heat treatment and which has been offered in the forms specified in the specific legislation, 3) intended for sale in bulk at the request of an individual consumer,
(m) milk products - milk products which come exclusively from milk, and it is accepted that the substances necessary for their manufacture may be added, provided that they are not used for partial or complete replacement of any component of milk, and composite milk products of which no part replaces or is intended to replace any component of milk and the milk or milk product of which is an essential part, whether in terms of quantity or characteristics of the product in question,
(n) treatment - chemical, biochemical or physical treatment, such as heating, smoking, salting, marinating, loading, drying, intended to prolong the shelf life of animal products with or without the addition of other foodstuffs, or a combination of those procedures,
(o) packaging - protection of animal products by packaging, container or other appropriate means,
(p) hermetically sealed packaging - container impermeable to liquids and gases intended to protect the content against the intrusion of micro-organisms during and after heat treatment,
(q) by undertaking - any undertaking, establishment or other establishment in which the animal products covered by this Decree are produced, processed, treated and stored.
Fresh meat, minced meat, meat preparations and meat products
Fresh meat
(1) Fresh meat originating in
(a) from, or part of, a third country;
1. which is included in the list issued by the Commission of the European Community (hereinafter referred to as the Commission) and provides appropriate animal health guarantees with regard to human and animal health,
2. which has been free for the previous 12 months from rinderpest, African swine fever and contagious porcine polio where the animals from which the meat originates are susceptible to any of these diseases,
3. in which vaccination has not been carried out for the previous 12 months against those of the diseases referred to in point 2 where the animals from which the meat originates are not susceptible,
4. in which no case of classical swine fever has been detected in the previous 12 months and in which vaccination against that disease has not been authorised and no animal has been vaccinated against that disease;
(b) from an undertaking appearing on the list of undertakings from which fresh meat may be imported from a third country;
(c) animals which have been kept in the territory of a third country for at least 3 months prior to slaughter and, in the case of animals less than 3 months old, since birth.
(2) Imports of fresh meat from a third country may not be authorised if the meat does not comply with the special (additional) animal health guarantees laid down by the Commission for the import of fresh meat from a third country or animals of a particular species.
(1) Imports of fresh meat from a third country in which the mass incidence of foot-and-mouth disease of strains A, O, C is present and the animals are not systematically slaughtered but vaccinated, are authorised only under conditions laid down by the Commission, in particular that the meat is mature and boned, its pH is monitored and the large lymph nodes are removed. Imports of offal for human consumption and for the production of medicinal products and the production of petfood shall be possible only under specific conditions laid down by the Commission.
(2) Only if:
(a) there are areas in that country where vaccination is not authorised and where foot-and-mouth disease has not occurred for the previous 12 months. These areas must be approved by the Commission,
(b) it comes from a third country or part thereof appearing on a list issued by the Commission;
(c) the meat is ripe and boned, the large lymph nodes are removed and the importation of the meat is not carried out until 3 weeks after slaughter.
(3) Fresh meat may be imported from a third country in which vaccination against foot-and-mouth disease is carried out and free for a period of 12 months, subject to conditions laid down by the Commission and in accordance with the animal health conditions governing trade in fresh meat.
(4) The provisions of paragraph 2 shall also apply to imports of fresh meat from a third country in which vaccination against foot-and-mouth disease is not normally carried out and which is recognised as free from that disease.
(1) Where fresh meat is imported in the form of carcases, including halves or quarters for bovine animals and solipeds and halves for pigs, it shall be obvious which parts belong to each other so that the whole body of each animal can be assembled together.
(2) The fresh meat referred to in paragraph 1 must be:
(a) obtained in slaughterhouses listed in the list of undertakings from which fresh meat may be imported from a third country;
(b) obtained from an animal which has been subjected, on the one hand, to an ante-mortem inspection carried out by an official veterinarian in accordance with specific legislation (4) and, on the other hand, has been assessed as fit for slaughter for the purpose of exporting meat to Community territory and, on the other hand, to an post-mortem inspection carried out by, or under the responsibility and supervision of, an official veterinarian in accordance with a specific legislation (5), with no changes other than those of trauma which occurred immediately prior to slaughter, and changes to locally bounded or malformations (malformations). Where such changes are found, it shall be demonstrated, in particular, by appropriate laboratory tests, that they do not result in the non-feeding of the whole body of the animal and offal and that they do not endanger human health,
(c) treated under conditions which meet the requirements of a specific legislation, 6)
(d) bearing a health mark in accordance with the requirements of the specific legislation, 7)
(e) after inspection after slaughter stored in hygienically safe conditions complying with the requirements of the specific legislation, 8)
(f) transported under the conditions laid down in a specific legislation. 9)
(3) The official veterinarian may be assisted by veterinary assistants, 10) independent of the operator of the holding, on inspection after slaughter and inspection of the hygiene of the storage of fresh meat; However, those assistants shall have no decision-making power in view of the final outcome of that inspection and inspection.
However, as an exception to Paragraph 5 (1), imports may be authorised
(a) half-carcases, half-carcases divided into three parts, quarters or offal, provided that the meat complies with the conditions laid down in Article 5 (2) and (3), of slaughterhouses intended for that purpose by the Commission;
(b) cuts less than quarters, boneless meat, offal or cuts of bovine livers from cutting plants which have been approved for that purpose by the Commission and are under veterinary supervision. This meat must be in addition to compliance with § 5 (2) and (3)
1. taken down in accordance with the requirements of special legislation, 11)
2. inspected by official veterinarian according to special legislation, 12)
3. packed in accordance with the requirements of special legislation, 13)
4. subject to all veterinary checks laid down by specific legislation in the territory of the Community and in the State of destination, 14)
5. If meat of solipeds is subject to inspection in the State of destination for reasons of possible restriction on the use of such meat.
(1) The provisions of Sections 5 and 6 do not apply to fresh meat imported and intended for:
(a) by authorisation of the State Veterinary Administration for purposes other than human consumption;
(b) for exhibitions or for specific studies and analyses, provided that official control ensures that such meat is not used for human consumption and that it is removed or disposed of after the exhibition or specific studies or analyses, except in the case of quantities used for analysis, from the territory of the Community,
(c) exclusively for the supply of international organisations, provided that they originate in a third country listed.
(2) Fresh meat imported under paragraph 1 (a) and (b) may not be used for any purpose other than that for which it was imported, fresh meat imported under paragraph 1 (c) may not be put into circulation.
(1) Imported
(a) fresh meat
1. boars and cryptorchids,
2. Animals receiving unauthorised hormonal substances, 15)
3. Animals to which meat tenderisation products or other products which may adversely affect the composition of the meat or its sensory properties have been administered,
4. containing residues of hormonal substances authorised in accordance with the exceptions provided for in specific legislation, 15) as well as residues of antibiotics, pesticides or other substances which are harmful to or are harmful to human health when they are consumed if their residues exceed the maximum permitted levels laid down in specific legislation, 16)
5. treated with ionising radiation or ultraviolet rays,
6. fresh meat which has been labelled using substances (colours) which do not comply with the health requirements,
7. Animals in which any form of tuberculosis has been detected, or the presence in pigs of one or more live or dead lumps of cystycercosis, of muscle,
8. animals slaughtered too young,
9. in pieces of less than 100 g,
(b) parts of bodies or offal showing changes referred to in Article 5 (2) (b) or which are contaminated;
(c) blood,
(d) minced meat, where appropriate treated in a similar manner, and meat mechanically separated, pending the setting of detailed conditions for their importation by the Commission;
(e) heads of bovine animals and parts of muscle tissue, as well as other tissues of the head, excluding the tongue.
(2) The importation of meat from ruminant muscles and brains (excluding ruminant brains) in pieces of less than 100 g may be authorised only if the meat complies with the conditions set out in § 5 (2) and § 6 (b) (3) to (5).
(1) Imported fresh meat must be accompanied by the originals of the correct and fully completed health certificate and health certificate, drawn up on the day of loading by the official veterinarian of the third country on the forms provided for in these cases by the Commission (hereinafter referred to as "the form established by the Commission").
(2) The health certificates referred to in paragraph 1 certify compliance with the conditions laid down in this Regulation and must be:
(a) be drawn up in at least one of the official languages of the State of destination and of the Member State where veterinary checks on imported fresh meat are carried out;
(b) made out on a single sheet. If this is not possible and is made out on multiple sheets, these sheets shall be suitably joined and marked to form an indivisible whole,
(c) intended for one beneficiary;
(d) bear the stamp and signature of the official veterinarian in a colour different from that of the other text and the serial number.
(3) If the Commission so decides, the health certificate and health certificate may be combined on one form.
(1) Each consignment of fresh meat is subject to veterinary inspection prior to release for consumption within the territory of the Community by an official veterinarian of a border veterinary station in the form of a veterinary health inspection.
(2) The importer or his designated representative (hereinafter referred to as "importer") must notify the importation of fresh meat at least two working days in advance of the border veterinary station responsible for carrying out the inspection of the imported meat referred to in paragraph 1 and specify its quantity, type and duration.
(3) The inspection referred to in paragraph 1 shall be carried out by random sampling. Its purpose is to investigate
(a) the health certificate, the conformity of fresh meat with that certificate and the health mark;
(b) the method of preserving meat, the presence of impurities and pathogenic micro-organisms;
(c) the presence of residues of substances referred to in Article 8 (1) (a);
(d) whether the slaughter and cutting took place in an approved undertaking;
(e) conditions of transport.
(1) Imported fresh meat must not be released for circulation if the inspection referred to in Article 10 (1) shows that:
(a) the meat is not fit for human consumption;
(b) the conditions laid down in this Decree are not fulfilled; or
(c) the health certificate accompanying the consignment does not comply with the conditions of Section 9.
(2) Imported fresh meat which cannot be released for consumption within the territory of the Community shall be returned, in accordance with Article 36 (2) of the Act, unless animal or public health reasons prevent it; If return is not possible, the meat must be disposed of.
(3) If the importer so requests and if it is not dangerous for human or animal health, the introduction into the territory of the Czech Republic of the meat referred to in paragraph 2 may be authorised and used for purposes other than human consumption. However, this shall not apply if it is for meat not originating in a third country listed or for meat whose importation is prohibited.
(4) Imported fresh meat released for consumption within the territory of the Community by veterinary inspection must be accompanied, on dispatch to the State of destination, by the original of the health inspection certificate drawn up on a form issued by the State Veterinary Administration in accordance with the model of this certificate laid down in these cases by the Commission. This certificate shall be issued by the official veterinarian at the place of inspection or storage of the meat on the day of loading for transport to the State of destination, in at least one of the official languages of that State.
minced meat and meat preparations
(1) Imported meat and meat preparations which:
(a) meet the requirements of special legislation17) and the conditions laid down by the Commission (Article 8 (1) (d));
(b) have been deep-frozen on the holding of origin;
(c) they come from a third country or part thereof appearing on a list from which imports of such products have not been prohibited for animal health reasons and which provides guarantees provided for by specific legislation, 18)
(d) come from an undertaking which satisfies the animal health conditions laid down in a separate legislation, 19)
(e) the originals of the correctly completed veterinary certificate and the health certificate, drawn up on the day of loading by the official veterinarian of the third country on forms corresponding to the models laid down, shall be accompanied by a declaration signed by the official veterinarian of the third country certifying that the minced meat and meat preparations comply with the requirements referred to in (a) and (b).
(2) Paragraph 9 (2) and (3) applies mutatis mutandis to imports of minced meat and meat preparations.
Meat products
(1) Meat products which have been prepared in whole or in part from fresh meat, with the exception of fresh meat referred to in § 8 and meat which has been assessed in accordance with a specific legislature20) may be imported as inedible, which:
(a) it complies with the requirements laid down in Sections 3 and 4 and complies with the specific (additional) animal health guarantees for imports of fresh meat from animals of a species from a third country established by the Commission or, if it comes from a Member State,
(b) complies with the requirements laid down in a specific legislation, 21) has been sent under veterinary supervision to the production plant either directly or after prior storage in an approved cold store and has been inspected by an official veterinarian before processing and confirmed that the meat is still suitable for the processing and manufacture of meat products.
(2) Imports of meat products from a third country or part thereof listed as approved for the manufacture of meat products from which imports of fresh meat are no longer or will no longer be authorised may not be refused, provided that:
(a) originate from a manufacturing undertaking which has been granted specific approval for a given type of product;
(b) contain fresh meat as referred to in paragraph 1 or have been prepared from such meat originating in the country of manufacture which:
1. satisfies the specific animal health guarantees laid down in view of the health situation in the country of manufacture,
2. comes from slaughterhouses specifically approved for the supply of meat to the production undertaking referred to in point (a);
3. bear a special mark provided for by the Commission,
(c) have been heat-treated in hermetically sealed packages to a value of F0 = 3 or more.
(1) Meat products imported from third countries must:
(a) be manufactured
1. in a production company listed as approved for the manufacture of meat products and meeting the requirements of a specific legislation, 22) under the hygiene conditions resulting from a specific legislation, 23)
2. only fresh meat coming from a listed production undertaking which complies with the requirements of Sections 5 and 6 and with the conditions laid down in the specific legislation, 24) or - if referred to in Section 13 (2) - of meat which meets the specific health guarantees laid down for the third country of manufacture,
3. meat products produced in a listed production undertaking;
(b) satisfy the general animal health requirements for meat products, in particular:
1. treated in one of the ways referred to in § 2 (n);
2. have undergone an inspection by an official veterinarian in accordance with specific legislation, 25)
3. in the case of packages packed in accordance with specific legislation, 26)
4. bear the health mark in accordance with the requirements of special legislation27), stating that instead of the initial letters or a group of initial letters indicating the Member State, the name of the third country of origin, together with the veterinary approval number of the production undertaking of origin,
5. stored and transported under conditions which comply with specific legislation. 28) For the purposes of transport, the temperature at which the product must be transported and stored and the period during which it may be stored shall be visibly and legibly marked by the manufacturer on the packaging of the product.
(2) Meat products referred to in paragraph 1 must not be exposed to ionising radiation unless they are for medical purposes.
(1) Paragraph 7 (1) (a) applies mutatis mutandis to imports of meat products.
(2) Paragraphs 9 to 11 apply mutatis mutandis to imports of meat products.
Fresh poultry meat, rabbit meat, farmed game meat and game meat from third countries
Fresh poultry meat
(1) Fresh poultrymeat, originating in:
(a) from a third country or part thereof, where appropriate;
1. listed,
2. in which avian influenza and Newcastle disease are diseases subject to reporting in accordance with internationally recognised rules,
3. which is free from avian influenza and Newcastle disease or, if not free from those diseases, apply control measures which are at least equivalent to those laid down in specific legislation, 29)
(b) from a flock which, prior to dispatch, was kept uninterrupted in the territory of a third country or part thereof for a period to be determined by the Commission;
(c) the undertaking from which fresh poultrymeat may be imported into the Community.
(2) Imported fresh poultrymeat must:
(a) comply with the requirements laid down for fresh poultrymeat by special legislation, 30) or at least with equivalent requirements, and, where appropriate, with the animal health conditions and special animal health guarantees laid down by the Commission, which may differ according to different bird species;
(b) be accompanied by the original of a correctly completed health certificate or health certificate, drawn up on the day of dispatch by an official veterinarian of a third country, using a form corresponding to the model laid down.
The health certificate or health certificate referred to in Article 16 (2) (b) attests to compliance with the conditions laid down in this Decree and, where appropriate, with other conditions laid down by the Commission for the import of fresh poultrymeat from each third country, and must:
(a) drawn up in the official language of the third country of dispatch and in at least one of the official languages of the country of destination and of the Member State where veterinary checks on imported fresh poultrymeat are carried out;
(b) made out on a single sheet. However, if this is not possible and is made out on several sheets, these sheets shall be suitably joined and labelled to form an integral whole,
(c) intended for one consignee;
(d) bear the stamp and signature of the official veterinarian in a colour different from that of the other text and the serial number.
Rabbit meat and farmed game meat
(1) Rabbit meat and farmed game meat may be imported which:
(a) comes from a third country, or part thereof, listed as appropriate, and from an undertaking listed in the list of undertakings from which such meat may be imported into the territory of the Community, as well as from animals coming from holdings or regions which are not prohibited for animal health reasons;
(b) satisfy the conditions laid down for the production and marketing of rabbit meat and farmed game meat by means of a specific legislation, 30) or conditions at least equivalent to those laid down by the Commission, or, where appropriate, specific animal health guarantees;
(c) it is accompanied by the original of a correctly completed health certificate or health certificate drawn up on the day of loading by an official veterinarian of a third country, using a form conforming to the model laid down.
(2) Paragraph 17 applies mutatis mutandis to the health or veterinary certificate referred to in Article 18 (1) (c).
Imported fresh rabbit meat and fresh farmed game meat shall be treated, whether split or boned, as specified in the specific legislation. 31)
_
(1) The conditions for imports of game from third countries must always be equivalent to the requirements for putting game into circulation and trade laid down in a specific legislation. 32)
(2) The bodies of wild game or game may be imported which:
(a) originate in:
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 383 / 2003 Coll., on animal health conditions for imports of certain animal 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.
Comments 0