Ordinance On Access For The Inseminator From Certain Countries To Inseminate Livestock

Original Language Title: Bekendtgørelse om adgang for inseminører fra visse lande til at inseminere husdyr

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=129213

Ordinance on access for the inseminator from certain countries to inseminate husdyr1)

Under section 42, § 43, § 67 and section 70 (3) of law No. 432 of 9. June 2004 on the keeping of animals shall be fixed:

The scope of the

§ 1. This Ordinance shall apply to

1) service providers who are nationals of another EU/EEA country, and which would temporarily provide services in Denmark or supplying services in Denmark by temporary or rent-cross artificial insemination of farm animals, and

2) nationals of another EU/EEA country, who want to establish themselves as a service provider of domestic animals in Denmark.

Definitions

§ 2. In this notice, the term:

1) ' service provider ' means A person who is a national of another EU/EEA country and establishes itself as a service provider or temporary or occasional intends to inseminate livestock in Denmark.

2) ' recipient ' shall mean any natural or legal person who uses or wants to use a service.

3) ' Establishment ' shall mean a country that is subject to § 1, and where the service provider is legally established in the profession, which is intended to be exercised in Denmark.

4) ' professional qualifications ':

(a)) in those cases where access to the profession is regulated in the country of establishment of the notifier, evidence, see. Nr. 5 or attestation of competence referred to in article 6. Nr. 6.

b) in those cases where access to the profession is not regulated in the country of establishment of the notifier, evidence that the artificial insemination of the animal species for which the notifier intends to inseminate, is performed as a profession for at least two years within the last ten years.

5) ' qualification ' as stated in nr. 4:

a) diplomas, certificates and other evidence of a qualifying education as service provider of the species of animal for which the notifier intends to inseminate obtained in one of the countries referred to in paragraph 1. The certificate must be issued by the authority or the body designated in accordance with the laws, regulations or administrative provisions of the country concerned.

(b)) Education qualifications awarded in a third country, if the authorities of the country of establishment has recognized certificate, and the notifier shall have at least three years of professional experience in the country of establishment within the territory of the country of establishment, and the certificate has certified this professional experience.

6) ' attestation ' as stated in nr. 4:

(a)) a certificate issued by the authority or the body designated in accordance with the laws, regulations or administrative provisions in the home Member State for:

(b)) a training which are not covered by a certificate or a diploma as mentioned in art. 11 (b), (c), (d) or (e) of Directive 2005/36/EC, or

c) specific training without prior training, or

(d) the exercise of the profession in the country of establishment) full time for three consecutive years or on a part-time basis for a period of similar duration over the prior ten years.

7)» professional title ' means the professional title in the country of establishment of the service provider. The title appear on the official languages of the country of establishment. If such a title does not exist in the country of establishment of the service provider shall indicate on that State's official language, which is evidence of the service provider has.

8)» one-stop shop ': the competent authorities ' electronic contact point, BusinessInDenmark, from which service providers may submit applications and required documents electronically.

Review of temporary or occasional artificial insemination of livestock

§ 3. Service providers, on a temporary or occasional intends to inseminate livestock in Denmark shall before the activity commences submit written notification to the Food Agency.

(2). The notification may be submitted in writing or electronically to the Food Agency or by electronic means to the single point of contact.

(3). The notification shall contain the following information:

1) the service provider's full name,

2) residence address in the home country of the service provider,

3) the service provider any residential address/address of establishment in Denmark,

4) the service provider contact information: phone number, email address or any other means and

5) the species of the service provider intends to inseminate.

(4). The notification must at first contact, or if a renewal is talking about change in the information previously provided, accompanied by the following documents:

1) documentation for the service provider's nationality,

2) proof of the service provider's professional title and the Member State has granted the title,

3) documentation for the service provider registration in professional organisations,

4) documentation for the service provider's insurance with contact information on the insurance company as well as geographical coverage,

5) certificate from the competent authorities of the country of establishment, that the service provider is legally established in the country to inseminate the species, like the service provider intends to inseminate,

6) attestation from the competent authority of the country of establishment of that service provider has not received on a permanent or temporary injunction or similar to inseminate livestock,

7) proof of professional qualifications referred to in article 6. § 2 (1) (8). 4.

(5). The permit is valid for one year and must be renewed for each subsequent year the service provider intends to inseminate livestock in Denmark.

§ 4. When the food agency has received a notification on approval and all necessary documents, sends the Agency a receipt to the applicant indicating:

1) length of proceedings,

2) that the applicant is not allowed to perform tasks such as service provider, before they are approved for this purpose by the veterinary and Food Administration, as well as

3) remedies available.

Accountability for service providers

§ 5. Service providers must inform the recipient about:

1) their professional title,

2) name and address of the competent supervisory authority of the country of establishment of the service provider's premises if there is subject to an authorisation scheme, or contact information on veterinary and Food Administration,

3) where applicable, the registration number or identification code in a public register of the country of establishment, and

4) any insurance covering professional liability.

(2). If a recipient asks the service provider about it, then this inform about the rules that apply to the conduct of the profession, and how the recipient gets access to it.

Registration of service providers

§ 6. Food Agency shall keep a public register of persons who are established in a in § 1 the inseminator mentioned countries, and which has declared to the Food Agency, that they intend to temporarily or occasionally to inseminate livestock in Denmark.

(2). In the register recorded information about notifiers ' code names, addresses and professional title.

§ 7. Food Agency can for each service to exchange necessary information with the competent authorities of the countries referred to in paragraph 1 whether or not the service provider is legally established, whether the service provider fair behaviour and whether or not the provider has been sentenced to professional disciplinary or criminal sanctions.

(2). Food agency may exchange relevant information with the competent authorities of the countries referred to in paragraph 1 in respect of complaints by recipients of services. Food Agency will inform the recipient about the study's results.

Establishment as a service provider of domestic animals

§ 8. Food Agency could give people from countries referred to in section 1 authorisation to establish itself as a service provider of specified livestock, see. the law on access to the exercise of certain professions in Denmark.

§ 9. Food Agency shall decide on the approval as a service provider not later than 4 weeks after receipt of the application and the documents referred to in article 3, paragraph 4.

(2). The time limit referred to in paragraph 1 may be extended only once if the complexity of the case so warrants. And Food Administration justifies the extension and duration of the extension and shall communicate this to the applicant before the expiry of the time limit referred to in paragraph 1.

(3). The applicant must not perform tasks such as service provider, before they are approved for that purpose by the food agency.

(4). When the food agency has received an application for approval and all necessary documents, sends the Agency a receipt to the applicant indicating:

1) Processing time limit referred to in article 6. paragraphs 1 and 2,

2) that the applicant is not allowed to perform tasks such as service provider, before they are approved for this purpose by the veterinary and Food Administration, as well as

3) remedies available.

Penalty-and entry-into-force provisions

§ 10. With fine punished anyone who contravenes section 3, section 4, paragraph 1, no. 2, section 5 or section 9, paragraph 4, nr. 2.

(2). The penalty can rise to imprisonment for up to 2 years, if it knows the action or failure occurred violations are committed deliberately or by serious negligence, and if the infringement is

1) caused damage to human or animal health or caused danger therefor, or

2) achieved or intentional obtained a financial benefit for the person himself or others, including savings.

(3). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

§ 11. The notice shall enter into force on the 28th. December 2009.

(2). At the same time repealed Executive Order No. 1143 by 3. October 2007 on access for the inseminator from certain countries to inseminate livestock.
DVFA, the 15. December 2009 Esben Egede R/Ina Elise Jensen Official notes

1) Ordinance contains provisions implementing parts of a European Parliament and Council Directive 2005/36/EC on the recognition of professional qualifications (the official journal of the European Union 2005 nr. L 255 p. 22), as well as parts of a European Parliament and Council Directive 2006/123/EC on services in the internal market.