Ordinance on the delegation of powers to the Federal Office of Consumer Protection and Food Safety (BVL-Transfer Regulation-BVLÜV)

Unofficial table of contents

BVLÜV

Date of completion: 21.02.2003

Full quote:

" BVL-Transmission Regulation as amended by the Notice of 28 May 2009 (BGBl. 1220), as last amended by Article 4 of the Law of 7 January 2015 (BGBl. I p. 2)

Status:	New by Bek. v. 28.5.2009 I 1220
	Last amended by Art. 4 G v. 7.1.2015 I 2 mWv 16.1.2015

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 28.2.2003 + + +) 

  

The V was referred to as Art. 1 d. V v. 21.2.2003 I 244 (BLÜV/HygÄndV) of 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 transport

1.

with the European Commission in the context of 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 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, EC No L 31 p. 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 January 2005 laying down rules for feed hygiene (OJ L 327, 30.12.2005, p. EU No L 35 p. 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 Council Directive 96 /23/EC of 29 April 1996 on control measures in respect of certain substances and of their residues 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 L 125 p. 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 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (OJ L 139, 30.4.1989, p. EC No 13) in conjunction with Commission Decision 98 /470/EC of 9 July 1998 laying down detailed rules for the application of Council Directive 89 /662/EEC as regards the main information relating to veterinary checks (OJ L 395, 30.12.1998, p. EC No L 208 p. 54),

f)

the exchange of information on changes to the lists of recognised mineral waters as referred to in the first sentence of Article 1 (5) of Council Directive 80 /777/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to the production of and the production of Trade in natural mineral waters (OJ L 327, 28. EC No L 229 p. 1),

g)

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 November 2009 on cosmetic products (OJ L 327, 30.12.2009, p. 59), as amended,

h)

the information requirements of the Member States pursuant to Article 4 (2), second sentence, and Article 6 (4) of Directive 2001 /37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of Member States concerning the manufacture, presentation and marketing of tobacco products (OJ L 327, 30.4.2004, 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 L 327, 30.12.2001, p. EC 2002 No 4), including in conjunction with Article 22 of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 laying down rules for accreditation and market surveillance relating to the marketing of products and repealing Council Regulation (EEC) No 339/93 (OJ L 339, 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 in order to influence the appearance in or under the human skin and to remain there, even temporarily, as well as to tobacco products within the meaning of the Preliminary Tobacco Law,

j)

the exchange of information between Member States in accordance with Article 42 (2) and (4) of Directive 2009 /48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 177, 30.6.2009, p. 1), as amended,

k)

the information requirements of the Member States in accordance with Article 7 (3), second subparagraph, 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 ionizing activities Radiates treated food and parts of food (OJ C 327, EC No OJ L 66, p. 16),

l)

the information requirements of the Member States arising from decisions of the European Commission which are based on Article 10 (1) of Council Directive 93 /43/EEC of 14 June 1993 on the hygiene of foodstuffs (OJ 1993 L 327, p. EC No 1) or to Article 53 (1) of Regulation (EC) No 178/2002,

m)

the transmission of reports in accordance with Article 27 (2) of Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64 /432/EEC and 93 /119/EC and Regulation (EC) No 1255/97 (OJ L 136, 31.5.1997, p. EU 2005 No L 3 p. 1).

n)

the transmission of information referred to in Article 31 (1) of Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed plant and feed plant and animal feed of animal origin and amending Council Directive 91 /414/EEC (OJ L 327, 31.12.1991, p. OJ L 70, 16.3.2005, p.1),

o)

the transmission of reports referred to in Article 9 (2) of Commission Regulation (EU) No 284/2011 of 22 March 2011 with specific conditions and detailed procedures for the import of polyamide and melamine plastic kitchen articles, the Origin or origin of the People's Republic of China or the Hong Kong Special Administrative Region, China (OJ C 327, 28.4.2002, OJ L 77, 23.3.2011, p.25),

p)

the transmission of information referred to in the first sentence of Article 9 (2) of Commission Regulation (EC) No 1881/2006 of 19 December 2006 fixing the maximum levels for certain contaminants in foodstuffs (OJ L 327, 30.12.2006, p. OJ L 364, 20.12.2006, p.5),

q)

the transmission of reports referred to in the first sentence of Article 7 (9) of Commission Regulation (EC) No 1152/2009 of 27 November 2009 laying down special rules for the importation of certain foodstuffs from certain third countries on account of the risk of a Aflatoxin contamination and repealing Decision 2006 /504/EC (OJ L 206, 22.7.2006, p. OJ L 313, 28.11.2009, p. 40, L 249, 27.9.2011, p. 21),

r)

the notification of information provided for in the first sentence of Article 3 (2) of Council Regulation (EC) No 733/2008 of 15 July 2008 on the conditions of import of agricultural products originating in third countries following the accident at the nuclear power station Chernobyl OJ L 201, 30.7.2008, p.1),

s)

the transmission of reports referred to in Article 5, first sentence, of Commission Regulation (EC) No 1135/2009 of 25 November 2009 laying down special rules for the importation of certain products originating or consigned from China and repealing the Decision 2008 /798/EC (OJ L 378, 27. OJ L 311, 26.11.2009, p. 3, L 161, 29.6.2010, p. 12),

t)

the transmission of reports referred to in the second subparagraph of Article 10 of Commission Regulation (EU) No 258/2010 of 25 March 2010 on special provisions for imports of guar meal originating in or consigned from India on the grounds of the risk a contamination with pentachlorophenol and dioxins and repealing Decision 2008 /352/EC (OJ L 206, 22.7.2008, p. 1). OJ L 80, 26.3.2010, 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 March 2008 on materials and articles made from recycled plastic intended to come into contact with foodstuffs , and amending Regulation (EC) No 2023/2006 (OJ L 327, 30.12.2006, p. OJ L 86, 28.3.2008, p.9),

2.

with the European Commission and the competent authorities of other Member States of the European Union in the context of 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 April 2004 on official controls for review compliance with food and feed law, animal health and animal welfare rules (OJ C 139, 30.4.2004, p. EU No L 165 p. 1, No L 191 p. 1),

b)

an administrative procedure which has been assigned to the Federal Office of Consumer Protection and Food Safety by law or under a law,

c)

the exchange of information in accordance with Article 25 (4) and (5) of Regulation (EC) No 1223/2009,

d)

the exchange of information in accordance with Article 27 (2) of Regulation (EC) No 1223/2009,

e)

the cooperation referred to in Article 29 of Regulation (EC) No 1223/2009,

3.

with the competent authorities of other Member States of the European Union in the context of implementation

a)

the exchange of information in accordance with Article 26 (2), (3) and (7) of Regulation (EC) No 1/2005,

b)

the exchange of information in accordance with Article 20 (2) and Articles 37 and 38 of Regulation (EC) No 882/2004,

c)

the exchange of information in accordance with Article 23 (2), (3) and (4) of Regulation (EC) No 1223/2009,

4.

with the Food and Veterinary Office of the European Commission for the preparation, follow-up and monitoring 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 Economic Area in the framework of implementation

a)

the exchange of information in the framework of mutual assistance in accordance with Articles 4 to 9 (1) (a) of Council Directive 89 /608/EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and the cooperation of these authorities with the Commission in order to ensure the correct application of the veterinary and animal law provisions (OJ L 327, 22.4.1997, p. 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, unless the specific Community rules referred to in Annex A, Chapter I, of Directive 89 /662/EEC and, in respect of pathogens, of Directive 90 /425/EEC are to be applied (OJ C EC 1993 No L 62 p. 49),

c)

the exchange of information in accordance with Article 24 (1) and Article 25 (1) (1), (1) to (3) of Council Directive 97 /78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on imports into the Community from third countries Products imported (OJ No L EC 1998 No L 24 p. 9),

d)

the transmission of lists of establishments approved in accordance with the Community legal acts referred to in Annex A to Directive 89 /662/EEC,

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 Commission Regulation (EC) No 2074/2005 of 5 December 2005 laying down detailed rules for the implementation of the certain products covered by Regulation (EC) No 853/2004 of the European Parliament and of the Council and for the products referred to in Regulations (EC) No 854/2004 of the European Parliament and of the Council and (EC) No 882/2004 of the European Parliament , and official controls provided for by 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 136, 31.5.2004, p. EU No L 338 p. 27),

f)

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 in the context of the implementation of the exchange of information in accordance with the first sentence of Article 9 (2), the first sentence of Article 10 (2), Article 12 (1), Articles 39 and 40 of Regulation (EC) No 396/2005 of European Parliament and of the Council of 23 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, 30.4.2005, p. (OJ L 70, 16.3.2005, p. 1)

will be transferred 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. Unofficial table of contents

§ 2

§ 1 shall not apply to the extent that the Federal Ministry of Food and Agriculture

1.

in individual cases, a power referred to in § 1

a)

is self-perception or

b)

in consultation with the competent supreme state authority, or

2.

a power referred to in § 1 has been delegated by the Federal Council with the consent of the Federal Council to the competent supreme state authorities.

Unofficial table of contents

§ 3

The Federal Office of Consumer Protection and Food Safety will be empowered to adopt legal regulations in accordance with

1.

Article 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, derogations from Article 18 (1) of Regulation (EC) No 396/2005 or from the prohibition of the Section 9 (1), first sentence, point 3 of the Food and Feed Code may be authorised;

2.

Article 21 (3), fourth 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 the § § The first subparagraph of Article 21 (3) of the Food and Feed Code may be authorised,

transfer.