Regulation On The Transfer Of Powers To The Federal Office Of Consumer Protection And Food Safety

Original Language Title: Verordnung zur Übertragung von Befugnissen auf das Bundesamt für Verbraucherschutz und Lebensmittelsicherheit

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Regulation on the transfer of powers to the Federal Office of Consumer Protection and Food Safety (BVL Transmission Regulation-BVLÜV)

Non-official table of contents

BVLÜV

Date of issue: 21.02.2003

Full quote:

" BVL transmission regulation in the version of the 28. May 2009 (BGBl. 1220), as last amended by Article 4 of the Law of 7. January 2015 (BGBl. I p. 2) has been changed "

:Recaught by Bek. v. 28.5.2009 I 1220
Last modified by Art. 4 G v. 7.1.2015 I 2 mWv 16.1.2015

See Notes

Footnote

(+ + + Text Evidence: 28.2.2003 + + +)

for details.

The V has been referred to as Art. 1 d. V v. 21.2.2003 I 244 (BLÜV/HygÄndV) issued by the Federal Ministry for Consumer Protection, Food and Agriculture with the consent of the Federal Council. She's gem. Article 3 of the above-mentioned V entered into force on 28 February 2003. unofficial table of contents

§ 1

The power to traffic
1.
with the European Commission as part of the implementation
a)
of the rapid alert system referred to in Article 50 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 June 2002. 1 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority, and laying down procedures in matters of food safety (OJ L 327, 28.2.2002, p. EC No 1),
b)
of the information system provided for in Article 29 of Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 June 2005. January 2005 laying down rules on feed hygiene (OJ C 139, 30.4.2005, p EU No 1),
c)
the information requirements of the Member States pursuant to Article 4 (2) (d), Article 29 (4) and Article 30 (1), third indent, of the Council Directive 96 /23/EC of 29 June 1999 on the Council Decision 85 April 1996 on control measures relating to certain substances and residues thereof in live animals and animal products and repealing Directives 85 /358/EEC and 86 /469/EEC and Decisions 85 /187/EEC and 91 /664/EEC (OJ L 206, 22.7.1985, p. EC No 10),
d)
the transmission of notifications pursuant to Article 30 (1), first indent, of Directive 96 /23/EC,
e)
the exchange of information provided for in Article 16 of Council Directive 89 /662/EEC of 11 June 2002. 1 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (OJ L 327, 31.12.1989, p. EC No 13), in conjunction with Commission Decision 98 /470/EC of 9 May 1999, 1 July 1998 laying down detailed rules for the application of Council Directive 89 /662/EEC on the main information relating to veterinary checks (OJ L 327, 28.12.1998 EC No 54),
f)
the exchange of information on changes to the lists of recognised mineral waters referred to in the first sentence of Article 1 (5) of Council Directive 80 /777/EEC of the 15. 1 July 1980 on the approximation of the laws of the Member States relating to the production and trade in natural mineral waters (OJ L 327, 31.12.1980, p. EC No 1),
g)
of the exchange of information in accordance with Article 34 (2) of Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 June 2009. November 2009 on cosmetic products (OJ C 327, 18.12. 59), as amended,
h)
the information requirements of the Member States pursuant to Article 4 (2), second sentence, and Article 6 (4) of the Directive 2001 /37/EC of the European Parliament and of the Council of 5 1 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the manufacture, presentation and marketing of tobacco products (OJ L 327, 28.8.2001, p. EC No L 194 p. 26),
i)
of the information system referred to in Articles 11 and 12 of Directive 2001 /95/EC of the European Parliament and of the Council of 3. December 2001 on general product safety (OJ C 139, 30.4.2001, p EC 2002 No 4), also in conjunction with Article 22 of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 June 2008. July 2008 laying down the rules for accreditation and market surveillance relating to the marketing of products and repealing Council Regulation (EEC) No 339/93 (OJ L 327, 31.12.1993, p. 30), as amended, in so far as it is intended to cover the substance and means of tattooing, including comparable substances and preparations, of substances which are intended to be used for the purpose of , to influence the appearance in or under the human skin and to remain there, including temporary, remaining tobacco products as defined in the Tobacco Law,
j)
Member States ' exchange of information in accordance with Article 42 (2) and (4) of Directive 2009 /48/EC of the European Parliament and of the Council of 18 June 2000, of the European Parliament and of the Council of 18 June 2009 on the June 2009 on the safety of toys (OJ L 327, 28.8.2009 1), as amended,
k)
the information requirements of the Member States pursuant to Article 7 (3) subs. 2 of Directive 1999 /2/EC of the European Parliament and of the Council of 22. February 1999 on the approximation of the laws of the Member States relating to foodstuffs and food products treated with ionising radiation (OJ L 327, 31.12.1999, p. EC No 16),
l)
the information requirements of the Member States arising from decisions of the European Commission, which are referred to in Article 10 (1). Council Directive 93 /43/EEC of 14 June 1992 1 June 1993 on the hygiene of foodstuffs (OJ L 327 EC No 1) or based on Article 53 (1) of Regulation (EC) No 178/2002,
m)
the transmission of reports pursuant to Article 27 (2) of Regulation (EC) No 178/2002 No 1/2005 of the Council of 22 December 2004 on the protection of animals during transport and related operations, as well as amending Directives 64 /432/EEC and 93 /119/EC and Regulation (EC) No 1255/97 (OJ L 197, 21.7.1997, p. EU 2005 No 1).
n)
the transmission of information pursuant to Article 31 (1) of Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 June 2005 on the implementation of the European Economic and Economic Community (EC) No 396/2005 of the February 2005, on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91 /414/EEC (OJ L 139, 30.4.1991, p. 1),
o)
the transmission of reports pursuant to Article 9 (2) of Regulation (EU) No 284/2011 of the Commission of 22 December 2011. March 2011, with special conditions and detailed procedures for the import of polyamide and melamine plastic kitchen articles originating in or coming from the People's Republic of China, or the Hong Kong Special Administrative Region, China (OJ C 327, 28.4.2002, p 25),
p)
the transmission of information pursuant to the first sentence of Article 9 (2) of Commission Regulation (EC) No 1881/2006 of 19 May 2006 on the basis of Article 9 (2) of Regulation (EC) No 1881/2006. December 2006 on the fixing of maximum levels for certain contaminants in foodstuffs (OJ L 327, 28.12.2006, p. 5),
the transmission of reports pursuant to the first sentence of Article 7 (9) of Commission Regulation (EC) No 1152/2009 of 27 June 2009. 1 November 2009 laying down special rules for the importation of certain foodstuffs from certain third countries on the grounds of the risk of aflatoxin contamination and repealing Decision 2006 /504/EC (OJ L 327, 22.12.2006, p. 40, L 249, 27.9.2011, p. 21),
the communication of information referred to in the first sentence of Article 3 (2) of Council Regulation (EC) No 733/2008 of 15. 1 July 2008 on the import conditions applicable to agricultural products originating in third countries following the accident at the Chernobyl nuclear power station (OJ L 327, 28.8.2008, p. 1),
the transmission of reports pursuant to Article 5, first sentence, of Commission Regulation (EC) No 1135/2009 of 25 June 2009 to the Commission of 25 July 2009. Special provisions on imports of certain products originating in or consigned from China and repealing Decision 2008 /798/EC (OJ L 327, 22.12.2008, p. 3, L 161, 29.6.2010, p. 12),
the transmission of reports referred to in the second subparagraph of Article 10 of Regulation (EU) No 258/2010 of the Commission of 25. March 2010 on the adoption of special rules for the import of guar meal originating in or consigned from India on the grounds of the risk of contamination with pentachlorophenol and dioxins and repealing Decision 2008 /352/EC (OJ L 327, 28.3.2008, p. 28),
u)
the transmission of information pursuant to the second sentence of Article 10 (3) of Commission Regulation (EC) No 282/2008 of 27 June 2008. March 2008 on materials and articles of recycled plastic intended to come into contact with food and amending Regulation (EC) No 2023/2006 (OJ L 327, 30.12.2006, p. 9)
2.
with the European Commission and the competent authorities of other Member States of the European Union, within the framework of the Implementation
a)
The information procedure referred to in Article 19 (3), Article 21 (4), Article 23 (7) and Articles 39 and 40 (2) of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 June 2004. April 2004 on official controls to verify compliance with food and feed law, animal health and animal welfare rules (OJ L 327, 30.4.2004, p. EU No L 165 p. 1, No L 191 p. 1),
b)
of an administrative procedure by the Federal Office of Consumer Protection and Food Safety by law or by reason of a
c)
the exchange of information pursuant to Article 25 (4) and (5) of Regulation (EC) No 1223/2009,
d)
the information exchange provided for in Article 27 (2) of Regulation (EC) No 1223/2009,
e)
Cooperation in accordance with Article 29 of Regulation (EC) No 1223/2009
3.
with the competent authorities of other Member States of the European Union within the framework of the Implementation
a)
of the exchange of information in accordance with Article 26 (2), (3) and (7) of Regulation (EC) No 1/2005,
b)
of the exchange of information pursuant to Article 20 (2) and Articles 37 and 38 of Regulation (EC) No 882/2004,
c)
the information exchange referred to in Article 23 (2), (3) and (4) of Regulation (EC) No 1223/2009
4.
with the European Commission's Food and Veterinary Office for the preparation, follow up and follow-up of controls,
5.
with the European Commission and the competent authorities of other Member States of the European Union or of other States Parties to the Agreement on the European Union Economic space within the framework of the implementation
a)
the exchange of information within the framework of the mutual Support in accordance with Articles 4 to 9 (1) (a) of Council Directive 89 /608/EEC of 21 June 2000. November 1989 on mutual assistance between the administrative authorities of the Member States and the cooperation of those authorities with the Commission in order to ensure the correct application of the veterinary and zootechnical provisions (OJ L 136, 31. EC No 34) in the trade in foodstuffs of animal origin,
(b)
the exchange of information in accordance with Articles 8 and 9 of Directive 89 /662/EEC, insofar as it does not: -specific Community rules to be applied in accordance with Annex A, Chapter I to Directive 89 /662/EEC and, as regards pathogens, to Directive 90 /425/EEC (OJ L 206, 22.7.1990, p. EC 1993 No 49),
(c)
the exchange of information in accordance with Article 24 (1) and Article 25 (1). 1 to 3 of Council Directive 97 /78/EC of 18. 1 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (OJ L 327, 31.12.1997, p. EC 1998 No 9),
(d)
the transmission of lists of approved Community legal acts referred to in Annex A to Directive 89 /662/EEC Entities,
e)
of Article 31 (2) (f) of Regulation (EC) No 882/2004, in conjunction with Article 5 in conjunction with Annex V, Chapter II, of Regulation (EC) No Commission Regulation (EC) No 2074/2005 of 5 June 2005 December 2005 laying down detailed rules for the implementation of certain products covered by Regulation (EC) No 853/2004 of the European Parliament and of the Council and for the products covered by Regulations (EC) No 854/2004 of the European Parliament and to the Council and (EC) No 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 (OJ L 46, 17.2.2004, p. EU No L 338 p. 27),
f)
of Article 31 (2) (f) of Regulation (EC) No 882/2004 in conjunction with Regulation (EC) No 183/2005
6.
with the European Food Safety Authority as part of the implementation of the exchange of information pursuant to Article 9 (2) sentence 1, Article 10 (2), first sentence, Article 12 (1), Articles 39 and 40 of Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 June 2005. February 2005, on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91 /414/EEC (OJ L 139, 30.4.1991, p. 1)
will be transmitted to the Federal Office of Consumer Protection and Food Safety. The acts of the European Community referred to in the first sentence shall be applied in the version in force. Non-official table of contents

§ 2

§ 1 does not apply as far as the Federal Ministry of Food and Agriculture
1.
on a case-by-case basis a power referred to in § 1
a)
perceive yourself or
b)
in consultation with the responsible supreme state authority of this transfer or
2.
a power referred to in § 1 has been conferred on the competent supreme state authorities by ordinance with the consent of the Federal Council.
Non-official table of contents

§ 3

The Federal Office of Consumer Protection and Food Safety will have the power to issue legal regulations after
1.
§ 9 (2) (2) (b) of the Food and Feed Code, to the extent that: For the purposes of Article 18 (4) of Regulation (EC) No 396/2005 exemptions from Article 18 (1) of Regulation (EC) No 396/2005 or from the prohibition of Article 9 (1), first sentence, point 3 of the Food and Feed Code shall be authorised ,
2.
§ 21 (3), second sentence, point 2 of the Food and Feed Code, to the extent that, for the purposes of Article 18 (4) of Regulation (EC) No 396/2005 Derogations from Article 18 (1) of Regulation (EC) No 396/2005 or from the prohibition of Article 21 (3), first sentence, point 3 of the Food and Feed Code may be authorised,
.