259/2005 Sb.



DECREE



of 16 December 2002. June 2005,



amending Decree No. 377/2003 Coll. on veterinary checks

import and transit from third countries of animals, and Decree No. 377/2003 Coll.

veterinary checks of imports and transit of products from third countries



The Ministry of agriculture lays down pursuant to § 78 of Act No. 167/1999 Coll., on the

veterinary care and amending certain related laws (health

Act), as amended by Act No. 131/2003 Coll. and Act No. 316/2004 Coll. (hereinafter referred to

"the Act"), for the implementation of § 33 para. 6, § 34 paragraph 1. 5, § 37 para. 5, § 38

paragraph. 4 and § 38 paragraph 1(a). 2 of the Act:



PART THE FIRST



Amendment of the Decree on veterinary checks of imports and transit of animals from

third countries



Article. (I)



Decree No. 377/2003 Coll. on veterinary checks of imports and transit

animals from third countries, shall be amended as follows:



1. In article 1 (1). 1 the words "this Ordinance adjusted in accordance with the law

Of the European Communities ' ^ 1 ') "shall be replaced by the words" This Ordinance "^ 1")

European legislation incorporates the relevant Community ^ 1a) and edits ".



Footnote No. 1 and 1a shall be added:



"1) is released on the basis and within the limits of the law, whose content allows you to

to incorporate the relevant provisions of the European communities Decree.



1A) Council Directive 91/496/EEC of 15 October 1968. July 1991

establish the principles of 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 article 1, the following paragraph 3, including the footnotes # 1b

and 1 c is inserted:



"(3) this Ordinance shall not apply to veterinary checks on animals in

Pet ^ 1b), which are accompanied by a natural person for them

responsible and are not imported for commercial purposes, with the exception of

equidae ^ 1 c).



1B) § 3 (b). e) of Act No 246/1992 Coll., on the protection of animals against

cruelty, as amended.



1 c) § 2 (b). h) Decree No 382/2003 Coll., on animal health requirements

on the trade in animals and animal health conditions for imports from them

third countries. '.



3. in paragraph 2 of the letter e) including footnote # 1 d:



"e) importer-the natural or legal person who assumes responsibility for the

fulfilling the obligations arising from the customs legislation ^ 1 d) and the related

with the importation of the consignment on Community territory,



1 d) Council Regulation (EEC) No 2913/92 of 12 October 1992. October 1992 establishing

the Community customs code. ".



4. section 3, including footnote 2a is added:



"§ 3



(1) the importer announces the arrival of shipment border veterinary station

animals in the manner prescribed by a regulation directly applicable European

Community ^ 2a). This Regulation shall be governed by and when filling out the common

Veterinary entry document (hereinafter referred to as "entry document") and

dealing with the document.



(2) the official veterinarian of the border veterinary station progresses

After notification of the arrival of animals by directly applicable legislation

Of the European communities ^ 2a).



(3) if they are to be imported animals of a kind for which have not yet been

import conditions harmonised at European Union level, it shall ask the importer

The State Veterinary Administration of at least 15 days before the date of the intended

imports of these animals on the communication set out the conditions under which import

the animals from the third country to import.



(4) the imported animals, accompanied by the original of the health certificate or

another of the requested document, it shall be transported directly to the border

Veterinary station referred to in § 11 (1) 1, or, if necessary, to

the quarantine centres referred to in § 15 para. 1 (b). (b)) this may not

station or centre to leave if



and the veterinary checks have been made) of those animals in accordance with the

the law and with article 4, paragraph 2. 1, 2 and 3 (b). a), b) and (d)), as well as with sections 13, 14 and

16,



(b)) have not been paid fees to perform the border veterinary

checks or deposit to cover possible expenses on some

measures associated with the border veterinary control.



2A) Commission Regulation (EC) No 282/2004 of 18 February 2004. February 2004

introducing a document for the customs declaration for animals imported into the community

of third countries and veterinary checks of animals, as

version. ".



5. In article 7 (2). 1, the reference to footnote 7 shall be replaced by

on footnote No. 1 c and footnote No 7 is deleted.



6. in section 9, paragraph 1 reads:



"(1) after completion of the veterinary checks provided for in paragraph 4 shall proceed

the official veterinarian of the border veterinary station in accordance with the

directly applicable European Community law ^ 2a). ".



7. in article 9, paragraphs 2 and 6 shall be deleted.



Paragraphs 3 to 5 shall become paragraphs 2 to 4.



8. in § 9 para. 3 the words "and the certificate referred to in § 12 para. 1 (b). (b)) "

shall be deleted.



9. in section 10, paragraph 1. 1 (b). (b)) at the end of the dot is replaced by a comma and

the following point (c)), which read as follows:



"(c)) come from a third country which complies with the animal health requirements for

export of animals into the Member States. ".



10. in § 12 para. 1 (b)):



"(b) in the input document) confirms that the completion of the veterinary checks

referred to in section 4, paragraph 4. 1 with a favourable result, indicating the kind of taken

the samples and the results of laboratory tests, where appropriate, that these results

they are only to be expected ".



11. In paragraph 12, at the end of paragraph 2 the following sentence "their indications and

the evidence set forth special legislation ^ 12a) shall be carried out with

the exception of slaughter animals and equidae, the place of destination of the animals,

where appropriate, after expiry of the period provided for by decision of the authorities of observation

Of the European Union. ".



Footnote No. 12a is inserted:



"12a) § 4 paragraph 2. 1 (b). (c)) Decree No. 372/2003 Coll. ".



12. in § 14 para. 2, after the words "in accordance with § 12" comma is replaced by a dot and the

the words "in particular with regard to the issue of certificates of passing through

the boundaries of ' shall be deleted.



13. in article 15, paragraph 2. 1 (b). (b)), the words "United Kingdom" shall be replaced by

"The community".



14. In article 16(1). 1, the words "in the case of a veterinary inspection of transit

of animals from one third country to another third country through the territory of the United

of the Republic, the official veterinarian of the border inspection

the station also as to whether "shall be replaced by the words" in the case of animal health

control 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 proceeds

Veterinary station according to the directly applicable European legislation

Community ^ 2a). Also taken into account as to whether ".



15. In article 16(1). 3 the words "the Animo computerized network ^ 15)" shall be replaced by

"computer network operated in accordance with the particular legal

^ law 15) (hereinafter referred to as "computer network") ".



Footnote # 15:



"15) Decree No 329/2003 Coll., for example, Commission decision 2004/292/EC

of 30 March 2004. March 2004 on the introduction of the Traces system and amending decision

92/486/EEC. '.



16. in paragraph 21, the word "Animo" is deleted.



17. Annex 5 shall be deleted.



PART TWO



Amendment of the Decree on veterinary checks of imports and transit of products from

third countries



Article II



Decree No. 377/2003 Coll. on veterinary checks of imports and transit

products from third countries, shall be amended as follows:



1. In paragraph 1, the words "this Ordinance in accordance with the law of the European

Community ^ 1) "shall be replaced by the words" This Ordinance "^ 1") incorporates the

the relevant regulations of the European communities) and "^ 1a.



Footnote No. 1 and 1a shall be added:



"1) is released on the basis and within the limits of the law, whose content allows you to

to incorporate the relevant provisions of the European communities Decree.



1A) Council Directive 97/78/EC of 18 June 2003. December 1997 laying down the

the basic rules for veterinary checks on products from third countries

imported into the community. Council Directive 95/53/EC of 25 March 2002. October

1995, laying down the principles governing the organisation of official inspections in the field of

of animal nutrition.



Council Directive 2002/99/EC of 16 December 2002. December 2002 laying down the

animal health rules governing the production, processing, distribution and introduction

products of animal origin intended for human consumption. ".



2. in paragraph 1 of the present text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) the border veterinary checks provided for in this Decree shall be subject to

imported animal products, the list of which together with the relevant codes

computer system and combined nomenclature (CN)

listed in part A of annex 1 to this notice, and plant products

the list of which is set out in part B of annex 1 to this notice.

The General designation of groups of animals, animal species and animal species

the products referred to in part C of annex 1 to this notice. Space

destination for live animals, seed products and animal products are

listed in part D of annex 1 to this Ordinance. ".



3. in article 2 letter a) including footnote # 1b is inserted:



"a) products-products of animal origin which are covered by special

^ 1b) legislation, including animal by-products,

that does not fall within the scope of annex II to the Treaty establishing the European

community, and plant products listed in part B of annex 1 to the

This Decree,




1B) Decree No. 372/2003 Coll. on veterinary checks at

trade in animals.



Decree No 373/2003 Coll., concerning veterinary checks applicable in trade with

animal products. ".



4. in paragraph 2 of the letter f) including footnote No. 1 c is inserted:



"f) importer-the natural or legal person who assumes responsibility for the

fulfilling the obligations arising from the customs legislation ^ 1 c) and related

with the importation of the shipment in the territory of the Member States (hereinafter referred to as "the territory of the

The community "),



1 c) Council Regulation (EEC) No 2913/92 of 12 October 1992. October 1992 establishing

the Community customs code. ".



5. In paragraph 2, point (h)) the following new subparagraph (i)), including notes

footnote # 1 d:



"i) import-release for free circulation of products, as well as the intention of the

release products for free circulation in accordance with directly applicable legislation

^ 1 d) of the European communities,



1 d) Article. 79 of Council Regulation (EEC) No 2913/92. '.



Subparagraph (i))) and (j) shall become letters (j)), and k).



6. § 3, including the footnotes # 2a, 3 and 3a is added:



"§ 3



(1) each consignment of products coming from a third country and intended for

import into the territory of the community,



and) must comply with the animal health requirements for the production, processing,

storage, transport and marketing of the products into circulation referred to in the Special

^ 2a) legislation, or the animal health requirements are those

requirements equivalent



(b)) must be accompanied by the original of the veterinary certificates or other

the required accompanying documents that confirm compliance with veterinary

requirements referred to under (a)), as well as special import

conditions, if determined by decision of the institutions of the European Union,



(c)), regardless of the customs destination of the goods subjected to a ^ 3)

border veterinary inspection, inspection of documents, verification of compliance

and a physical check, in the case of a shipment of animal products referred to in

part A of annex 1 to this notice, and the inspection of documents and the conformity

in the case of plant products listed in part B of annex 1 to this

the Decree.



(2) the importer announces the arrival of shipment border veterinary station

products in the manner laid down by a regulation directly applicable European

Community ^ 3a). This Regulation shall be governed by and when filling out the common

Veterinary entry document (hereinafter referred to as "entry document") and

dealing with the document.



(3) the official veterinarian of the border veterinary station progresses

After notification of arrival of consignments of the products referred to in the regulation directly applicable

Of the European communities ^ 3a). Documentary checks and conformity, as referred to in

paragraph 1 (b). (c)), shall be carried out according to the directly applicable legislation

Of the European communities ^ 3a) Annex I, laboratory tests and examinations

Official samples shall be carried out according to the directly applicable legislation

Of the European communities ^ 3a) annex II.



(4) in order to be imported products for which have not yet been import

terms of harmonised at European Union level, it shall ask the importer State

animal health management at least 15 days before the date of such presumed imports

These products of communication laid down conditions under which the

These products are imported from the third country concerned.



for example, section 3a, 2A), 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 poultry meat, rabbit meat, farmed game meat and meat

wild game, and section 3a of Decree No. 203/2003 Coll., on animal health

requirements for milk and milk products.



3) Article. 4 section 15 of Council Regulation (EEC) No 2913/92 of 12 October 1992. October 1992,

establishing the Community customs code.



3A) Commission Regulation (EC) No 136/2004 of 22 December 2004. January 2004 laying

laying down procedures for veterinary checks on products imported from third

countries at Community border inspection posts. ".



7. in section 4, paragraph 4. 1 (b). and) the words "submitted in advance by the importer under section

3 (2). 3 "shall be replaced by" referred to in the importer entry document ".



8. In section 4, paragraphs 3 and 4 shall be deleted.



The present paragraph 5 shall become paragraph 3.



9. in section 4, paragraph 3 is added:



"(3) when physical inspection shall proceed as specified in annex No. 4

to this Ordinance. ".



10. in § 5 para. 1, the words "referred to in section 4, paragraph 4. 4 "are deleted.



11. paragraph 7, as follows:



"section 7 of the



After completion of the veterinary checks provided for in § 3 (1). 1 (b). (c))

the official veterinarian shall proceed border veterinary station

directly applicable regulations of the European communities ^ 3a). ".



12. In article 11 (1) 1 the words "the Animo computerized network ^ 7)" shall be replaced by

"computer network operated in accordance with the particular legal

^ 7) law (hereinafter referred to as "computer network") ".



Footnote 7 is added:



"7) Decree No 329/2003 Coll.



For example, Commission decision 2004/292/EC of 30 March 2004. March 2004 on the

the introduction of the Traces system and amending Decision 92/486/EEC. '.



13. in paragraph 11 (1) 2 (a). 4 (b). and) the words "with the document referred to in section

7 (2). 1 "shall be replaced by the words" with proof ".



14. in section 11 (1) 4 (b). (b)) § 13 para. 2 (a). (d)), section 18 (a). (d)), section 19

paragraph. 5, and in section 20 (2). 3, the word "Animo" is deleted.



15. In § 13 para. 2 (a). and) and in section 14 para. 3 the words "(a). and) "

replaced by the words "(a). (b)) ".



16. in § 13 para. 2 (a). (c)), point 1, the words "the proof referred to in § 3

paragraph. 2 "shall be replaced by" input "document.



17. in § 13 para. 2 (a). (e)) the words "on the document referred to in § 3 (1).

2 "shall be replaced by the words" the entry document ".



18. in § 13 para. 3, the words "in the document referred to in § 3 (1). 2 "

replaced by the words "in the input document.



19. in § 13 para. 4 and in article 15, paragraph 2. 1 and 2, the words "the document referred to in § 3

paragraph. 2 "shall be replaced by the words" the entry document ".



20. in article 15, paragraph 2. 2 (a). (d)) and paragraph 2. 4 (b). (b)), the words "of the document

referred to in § 3 (1). 2 "shall be replaced by the words" the entry document ".



21. in article 15, paragraph 2. 5, the words "the document in accordance with § 3 (1). 2 "shall be replaced by

"the entry document".



22. in section 21 para. 2 the words "in a special legal Act ^ 11)"

replaced by the words "directly applicable European legislation

^ 11) community ".



Footnote 11:



"11) European Parliament and Council Regulation (EC) No 1774/2002 of 3 October 2002.

October 2002 laying down health rules for animal by-products

origin not intended for human consumption. ".



23. in article 23, the following paragraph 5 is added:



"(5) products, which according to the customs-approved treatment of the goods is not intended

for imports into Community territory (section 3 (1)), or for free

zone, a free warehouse or a customs warehouse (section 14 (1)), but they are

designed for a different purpose, shall be subject to verification of compliance and the physical

check that you meet or do not meet the import conditions. The check is

does not perform, if these products are disposed of or returned. ".



24. in section 30 paragraph 2. 1 (b). a), b) and d), the words ' set out the specific

the law ^ 2) or by the Commission "shall be replaced by ' laid down directly

the applicable law of the European communities ^ 3a) ".



25. in section 30 paragraph 2. 1 (b). a) and b), the words "approved by the Commission" shall be replaced by

the words "^ 15) approved by the Commission".



Footnote # 15:



"15) for example, Commission decision 97/296/EC of 22 December 2004. April 1997,

laying down the list of third countries from which the importation of

of fishery products intended for human consumption, as amended. ".



26. in section 30 paragraph 2 and 3, including the footnotes # 16 and 17:



"(2) the veterinary checks provided for in this Decree shall, however, be carried out also at the

meat, meat products, milk and milk-based products imported under the conditions

referred to in paragraph 1 (b). a), b) and (d)), in accordance with the directly applicable

Regulation of the European communities ^ 16).



(3) the veterinary checks of imported composite food

^ 17) products that contain only a limited amount of products

of animal origin referred to in annex 1 to this notice, shall apply

the animal health requirements laid down by the legislation of the Czech Republic.



16) Commission Regulation (EC) No 754/2004 of 16 November 2004. April 2004 laying

for measures relating to imports of products of animal origin for

personal consumption.



17) article 3 of Commission decision 2002/349/EC of 26 July 2000. April 2004,

laying down the list of products to be tested for

border inspection posts under Council Directive 97/78/EC ".



27. Annex No. 2, 3 and 6, and part B of annex 4 shall be deleted.



PART THREE



The EFFECTIVENESS of the



Article. (III)



This Decree shall enter into force on 1 January 2000. July 2005.



Minister:



Ing. Zgarba in r.