Order On Veterinary Border Inspection Posts And Inspection Centres And Designated Points Of Entry

Original Language Title: Order On Veterinary Border Inspection Posts And Inspection Centers And Designated Points Of Entry

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Overview (table of contents) Chapter 1 Area

Chapter 2 Definitions

Chapter 3 Location

Chapter 4 the establishment, operation and funding

Chapter 5 the establishment, operation and funding

Chapter 6 Monitoring and withdrawal of the veterinary border inspection posts and inspection centres

Chapter 7 Supervision and withdrawal of designated points of entry

   
The full text of the Ordinance on veterinary border inspection posts and inspection centres and designated indgangssteder1)

Under section 38, § 39, paragraph 67 and section 70 (3) of law No. 432 of 9. June 2004 on the keeping of animals, and § 42, § 43, § 49, § 50, section 52 (2) and section 60, paragraph 3, of law No. 526 of 24. June 2005 on foods shall be fixed:

Title I

Executive order area and definitions

Chapter 1

Area

§ 1. The notice sets out the rules for operators setting up and operation of the veterinary border inspection posts and inspection centres in association with existing veterinary veterinary border inspection posts for the purpose of control of imports from third countries of live animals, animal foods, animal by-products, sperm, eggs, embryos, hay, straw or other products and objects, by which diseases and zoonotic infectious agents can be spread.

§ 2. The Decree also lays down provisions for operators setting up and operation of designated points of entry for the purpose of more intensive public scrutiny of certain non-food of animal origin from third countries.

Chapter 2

Definitions

§ 3. At the border inspection post means a control position, which has been approved by the European Commission to carry out the veterinary checks on live animals and products, as referred to in § 1, upon arrival from third countries into the EU's external border in Denmark.

(2). By inspection center means a control position, which has been approved by the Food Agency to carry out the veterinary checks on live animals and products, as referred to in § 1, upon arrival from third countries into the EU's external border in Denmark. An inspection centre must be associated with an approved border inspection post and shall be located in the immediate vicinity of the border inspection post, therefore, the inspection centre is shown to be under the control of the official veterinarian.

(3). By official veterinarian means a veterinarian who is employed by the Food Agency.

(4). By operators understood to ports, airports, business organizations, trade associations, individual companies, ferry routes or other private stakeholders.

(5). By third country means countries that are not members of the EUROPEAN UNION, and which has not concluded an agreement with the European Union on veterinary border controls on live animals and animal products as listed in article 1.

§ 4. At designated points of entry are defined as enterprises, where the more intensive public scrutiny of certain non-food of animal origin from third countries takes place, see. Regulation (EC) No 1782/2003. 669/2009.

Section II

Veterinary border inspection posts and inspection centres

Chapter 3

Location

§ 5. A border inspection post and inspection center to be located in the immediate vicinity of the place where live animals and animal products originating in third countries, etc. introduced into Denmark and in an area which is designated or approved by the Customs authorities pursuant to article 38, paragraph 1, subparagraphs (a) (b) of Regulation (EEC) No 2377/90. 2913/92.

(2). A border inspection post and any inspection centre within a certain distance from the place where live animals and animal products originating in third countries, etc. introduced into Denmark, however, can be accepted, if it due to geographical conditions, URf.eks. lossekaj, is necessary.

(3). A border inspection post and inspection center to be headed by an official veterinarian who has the actual responsibility for control. The official veterinarian may be assisted by specially trained auxiliary staff.

Chapter 4

The establishment, operation and funding

§ 6. A border inspection post and any inspection centre shall only be used when it has been approved and included in the Community list of border inspection posts and associated inspection centres authorized to carry out veterinary checks on animals and animal products from third countries.

(2). A border inspection post and inspection center, approved and included in the Community list, in accordance with article 3. (1) to carry out the veterinary checks of animal foods, must first be taken into use after it has been approved in accordance with the Ordinance on the approval and registration of food businesses as well as self-monitoring.

(3). Application for the establishment of a border inspection post or an inspection center in conjunction with an approved border inspection post are submitted together with a scale drawing of food facilities to the region in which the border inspection post inspection Centre respectively wanted listed.

(4). When food region estimates that the new border inspection post or inspection centre complies with the rules laid down in this Ordinance, sets food region, to the border inspection post, respectively, inspection centre can be approved and included in the Community list of border inspection posts and inspection centres authorized to carry out veterinary checks on animals and animal products from third countries.

§ 7. The operator shall carry out the necessary investments in connection with the establishment, setting up and operation of a border inspection post or an inspection center.

(2). It is the responsibility of the operator, at its own expense, to make sure that the border inspection post and inspection centre shall at all times comply with community betingelser2) for approved border inspection posts and inspection centres.

(3). The operator makes available at no cost to the State of the border inspection post and inspection centre's premises, facilities and technical and administrative equipment available for the region, as well as additional costs to be borne by food inspectors, due to guard system.

(4). The operator can charge to cover his expenses in accordance with paragraphs 1 to 3 of the importer.

Title III

Designated points of entry

Chapter 5

The establishment, operation and funding

§ 8. Operators of undertakings may apply for that companies will be approved as a designated entry points.

(2). Application for approval as a designated entry points are submitted together with a scale drawing of facilities to the region where the designated food entry point is desired.

(3). The designated entry points must first be taken into use after they have been:

1) approved by the food the region in accordance with paragraph 1,

2) approved or registered by food region, pursuant to notice of approval and registration of food businesses as well as self-monitoring, and

3) approved by the TAX as a customs warehouse or similar Customs approval for handling and storage of non-customs processed foods.

§ 9. The operator shall carry out the necessary investments in connection with the establishment, setting up and operation of designated points of entry.

(2). It is the responsibility of the operator, at its own expense, to ensure that the designated entry points at all times meet the minimum requirements, as referred to in article 4, paragraph (b), (d), (e) and (f) of Regulation (EC) No 1782/2003. 669/2009.

(3). The operator makes available at no cost to the State of the designated point of entry offices premises, facilities as well as technical and administrative equipment available for food region.

(4). The operator can charge to cover his expenses in accordance with paragraphs 1 to 3 of the importer.

Title IV

Supervision as well as suspension and revocation

Chapter 6

Supervision and revocation of the veterinary border inspection posts and inspection centres

§ 10. Food region oversees the operator is in compliance with article 7, paragraph 2, under the conditions laid down.

(2). Food the region further supervision of border inspection posts and inspection centres authorized as food businesses.

§ 11. Food agency may, in exceptional cases, and in particular to protect public and animal health suspend approval of a border inspection post and inspection center.

(2). Food agency may recommend to the European Commission that an approval be revoked, if the community conditions of approved border inspection posts and inspection centres are not fulfilled, or if the border inspection post or inspection centre alone is used to a very limited extent.

(3). Food Agency does not provide operator compensation in relation to the suspension or revocation under paragraph 1 or 2.

(4). By suspension or revocation under paragraph 1 or 2 would the border inspection post or inspection centre alone could resume on the Community list of border inspection posts and inspection centres authorized to carry out veterinary checks on animals and animal products from third countries, in accordance with the procedure referred to in § 6 and § 7.

Chapter 7

Supervision and withdrawal of designated points of entry

§ 12. Food region, supervises the designated entry points is in compliance with article 9, paragraph 2, under the conditions laid down.

§ 13. Food agency may, in exceptional cases, and in particular to protect public health, suspend or revoke the accreditation of a designated entry point.

(2). Food Agency does not provide operator compensation in relation to the suspension or revocation under paragraph 1.

(3). By suspension or revocation under paragraph 1, the designated point of entry only be used after approval in accordance with the procedure referred to in section 8 and section 9.

Title V

Accent-and entry-into-force provisions

§ 14. With fine punished anyone who:
1) violate section 5, paragraph 1 or 3, § 6 (1) or (2), section 7, paragraph 2 or 3, § 8, paragraph 3, or article 9, paragraph 2 or 3, or

2) overrides the conditions laid down pursuant to: § 11 (1) or (2) or section 13, paragraph 1.

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

§ 15. Unless a higher penalty is inflicted upon the rest of the law is punishable by a fine anyone who violates article 4, paragraph (b), (d), (e) or (f) of Commission Regulation (EC) No 1782/2003. 669/2009 of 24. July 2009 on the implementation of European Parliament and Council Regulation (EC) No 1782/2003. 882/2004 as regards a more intensive public scrutiny of certain feed and food of non-animal origin and amending Decision 2006/504/EC.

§ 16. The notice shall enter into force on 25 July. January 2010.

(2). At the same time repealed Executive Order No. 769 of 15. July 2008 on veterinary border inspection posts and inspection centres.
DVFA, the 22. January 2010 Esben Egede R/Thomas Løppenthin Official notes 1) Ordinance contains provisions which transpose the following Community legislation: Council Directive No. 91/496/EEC of 15 July. June 1991 laying down the principles governing the organisation of veterinary checks on animals entering the community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (Official Journal 1991 L 268 p. 56), as last amended by Directive 2006/104 of 20. November 2006 (Official Journal 2006 L 363 p. 352), Council Directive No. 97/78/EC of 18. December 1997 laying down the principles governing the organisation of veterinary checks on products from third countries entering the Community (Official Journal L 24 of 1998 s. 9), as last amended by Directive 2006/104/EC of 20. November 2006 (Official Journal 2006 L 363 p. 352), and Commission decision nr. 2001/812/EC of 21. November 2001 on the conditions for approval of border inspection posts responsible for veterinary checks on products from third countries, which are brought into the EC (Official Journal L 306, 2001 p. 28), as amended by decision 2006/590/EC of 1. September 2006 (Official Journal 2006 L 240 s. 11).

2) Council Directive No. 91/496/EEC of 15 July. June 1991 laying down the principles governing the organisation of veterinary checks on animals entering the community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (Official Journal 1991 L 268 p. 56), as last amended by Directive 2006/104 of 20. November 2006 (Official Journal 2006 L 363 p. 352), Council Directive No. 97/78/EC of 18. December 1997 laying down the principles governing the organisation of veterinary checks on products from third countries entering the Community (Official Journal L 24 of 1998 s. 9), as last amended by Directive 2006/104/EC of 20. November 2006 (Official Journal 2006 L 363 p. 352), and Commission decision nr. 2001/812/EC of 21. November 2001 on the conditions for approval of border inspection posts responsible for veterinary checks on products from third countries, which are brought into the EC (Official Journal L 306, 2001 p. 28), as amended by decision 2006/590/EC of 1. September 2006 (Official Journal 2006 L 240 s. 11).