Regulation on the implementation of veterinary checks on the import and transit of foodstuffs of animal origin from third countries and on the import of other foodstuffs from third countries (food imports regulation- LMEV)

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LMEV

Date of completion: 08.08.2007

Full quote:

" Food imports-Regulation as amended by the Notice of 15 September 2011 (BGBl. I p. 1860), as defined by Article 2 (18) of the Law of 22 December 2011 (BGBl. I p. 3044)

Status:	New by Bek. v. 15.9.2011 I 1860
	Amended by Art. 2 para. 18 G v. 22.12.2011 I 3044

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 15.8.2007 + + +) 

  

The V was established as Article 5 of the V v. 8.8.2007 I 1816 by the Federal Ministries of Food, Agriculture and Consumer Protection and for Health in agreement with the Federal Ministries of Economy and Technology, for Environment, Nature Conservation and Reactor safety, finances and the judiciary with the approval of the Bundesrat. She's gem. Art. 23 of this V entered into force on 15 August 2007.

Section 1
Scope, definition

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§ 1 Scope

This Regulation shall apply to the importation and transit of food and, where specifically intended, live animals within the meaning of Article 4 (1) (1) of the Food and Feed Code. Unofficial table of contents

§ 2 Definitions

For the purposes of this Regulation:

1.

Foodstuffs of animal origin: products of animal origin as defined in Annex I, point 8.1, indent 1 of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for Food of animal origin (OJ L 327 55, L 226 of 25 June 2004, p. 22),

2.

Consignment: a quantity of similar live animals within the meaning of Article 4 (1) (1) of the Food and Feed Code or similar foods to which the same official health certificate, official a certificate of health or other comparable document which is carried by the same means of transport and which comes from the same third country or part of a third country,

3.

Border inspection post: an official body of the competent authority responsible for carrying out the document verification, inspection and inspection at the border with a third country or in a port or airport,

4.

Spend: bringing in the meaning of Article 2 (16) of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls to verify compliance with food and feed law, and the provisions on animal health and animal welfare (OJ L 327, 22. 1., OJ L 165, 30.4.2004, p. 1) and any other form of physical movement of consignments to the country,

5.

Common veterinary document for import: the certificate referred to in Annex III to Commission Regulation (EC) No 136/2004 of 22 January 2004 with procedures for veterinary checks on products imported from third countries to the Border inspection posts of the Community (OJ L 327, OJ L 21, 28.1.2004, p.11),

6.

Member State: a State belonging to the European Union,

7.

Contracting State: a State Party to the Agreement on the European Economic Area, with the exception of Iceland,

8.

Third country: a State which is not a Member State and not a Contracting State,

9.

Transit: the introduction of foodstuffs of animal origin from third countries into the territory of the country without the introduction of such products, followed by re-export.

In addition, the definitions of the food hygiene regulation and the animal food hygiene regulations apply.

Section 2
Rules for food of animal origin and live animals

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§ 3 Procedure on display

Those who are required to be notified in accordance with Article 2 (1) of Regulation (EC) No 136/2004 shall submit this display at least one working day before the date of arrival of the consignment at the border inspection post. By way of derogation from the first sentence, the competent authority of the border inspection body may, at a later date, still recognise that it has been notified in due time, in so far as it does not hinder the proper conduct of the import investigation pursuant to Section 7. Unofficial table of contents

Section 3a Presentation of ship and aircraft manifestos

A person who, as the person responsible for a ship or an aeroplane with this food of animal origin, spends into the territory of the country, shall, at the request of the authority responsible for the border inspection post, have the manifest or aircraft manifest for the purpose of to provide for monitoring of compliance with Article 2 (1) of Regulation (EC) No 136/2004. The ship ' s or aircraft manifest shall be presented in electronic form to the extent that the authority responsible for the border inspection body requires this. Unofficial table of contents

§ 4 Living animals

Live animals within the meaning of Article 4 (1) (1) of the Food and Feed Code, which shall:

1.

Residues or conversion products of substances with a pharmacological effect which are those animals in accordance with § 1 or § 2 of the Regulation on substances having a pharmacological effect as amended by the Notice of 7 March 2005 (BGBl. 730), as set out in Article 2 of the Regulation of 24 June 2000. October 2005 (BGBl. 3098), may not be supplied, or

2.

Residues of substances with a pharmacological activity or their transformation products containing pharmacologically active substances and their classification in Table 2 of Annex Table 2 to Commission Regulation (EU) No 37/2010 of 22 December 2009 in respect of maximum residue limits in foodstuffs of animal origin (OJ C 139, 30.4.2004, p. 1, L 293 of 11.11.2010, p. 72), as last amended by Regulation (EU) No 363/2011 (OJ L 378, 27.12.2010, p. OJ L 100, 14.4.2011, p. 28), as prohibited substances,

shall not be introduced. The first point of the first paragraph shall apply if the presence of the substances has been established at an earlier date in the living animal. Unofficial table of contents

§ 5 Imports

(1) shipments of food of animal origin, food produced using food of animal origin, or live animals within the meaning of Article 4 (1) (1) of the food and food product, Animal feed codes may only be imported from third countries if they

1.

they have been subjected to an import investigation pursuant to Article 7 (1) or (2) sentence 1, 3 or 4, and

2.

on a product imported into the Community in accordance with Article 6 (4) of Council Directive 97 /78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (OJ L 136, 30.4.1997, p. 9) by the Commission of the European Community or of the European Commission in the Official Journal of the European Union, the border inspection post is to be brought to the country.

(2) Paragraph 1 (1) shall not apply in the case of:

1.

of foodstuffs in another Member State, in a Contracting State to the Agreement on the European Economic Area, or, in the case of fishery products and live bivalve molluscs, echinoderms, tunicates and marine gastropods, to Iceland or the Faroe Islands have been subject to an import inspection in accordance with the relevant national legislation,

2.

of fishery products and live bivalve molluscs, echinoderms, tunicates and marine gastropods originating in Iceland and

3.

the food referred to in Appendix 1.

The border inspection posts referred to in paragraph 1 (2) shall be determined by the competent authorities in consultation with the competent Oberfinanzdirektion (Oberfinanzdirektionen). You are to be guided by an official veterinarian. Unofficial table of contents

§ 6 Third countries and establishments, certificates

(1) shipments of food of animal origin may be imported only if:

1.

come from a third country or a part of a third country which is listed in a list of a legislative act adopted by the Commission of the European Community or the European Commission, which is listed on the list of

a)

Article 11 (1) of Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 establishing specific procedural rules for the official control of products of animal origin intended for human consumption 1. 206, OJ L 139, 30.4.2004, p. 83), and is directly applicable,

b)

Article 11 (1) of Regulation (EC) No 854/2004 has been supported by the Federal Office of Consumer Protection and Food Safety (Bundesamt) in the Federal Gazette (Bundesanzeiger), or

c)

is based on an act of the European Community listed in Annex 2, column 2, and has been published by the Federal Office in the Federal Gazette (Bundesanzeiger),

2.

come from a third country which is listed in a non-immediate legal act which the European Commission, having regard to Article 29 (1), fourth subparagraph, of Council Directive 96 /23/EC of 29 April 1996 on control measures in respect of certain substances and residues thereof in live animals and animal products and repealing Directives 85 /358/EEC and 86 /469/EEC and Decision 89 /187/EEC and 91 /664/EC (OJ L 206, 22.7.1989, p. 10) and which has been published by the Federal Office of the Federal Gazette in the Federal Gazette (Bundesanzeiger),

3.

, except in the cases referred to in Article 12 (1) (a) and (b) of Regulation (EC) No 854/2004, from establishments listed in a list which:

a)

has been made available to the public by the Commission of the European Community or the European Commission in accordance with Article 12 (5) of Regulation (EC) No 854/2004,

b)

is listed in a legislative act adopted by the Commission of the European Community or the European Commission, which is based on an act of the European Community referred to in Annex 2, column 3, by the Federal Office in the Federal Gazette has been published or

c)

is listed in a legislative act adopted by the Commission of the European Community or the European Commission, which is referred to in Article 2 (1) of Council Decision 95 /408/EC of 22 June 1995 on the conditions for drawing up Provisional lists of third country establishments from which Member States are authorised to import certain products of animal origin, fishery products or live bivalve molluscs during a transitional period (OJ L 327, 30.4.2004, p. 17) is based on the current version and has been published by the Federal Office in the Federal Gazette (Bundesanzeiger),

and

4.

are accompanied by a certificate satisfying the requirements of Article 14 (1) in conjunction with points 1 and 2 of Annex VI to Regulation (EC) No 854/2004, and

a)

which meet the respective requirements of Article 6 in conjunction with Annex VI to Commission Regulation (EC) No 2074/2005 of 5 December 2005 laying down detailed rules for the application of certain provisions to Regulation (EC) No 853/2004 Products falling within the European Parliament and the Council and the official controls provided for in Regulations (EC) No 854/2004 of the European Parliament and of the Council and (EC) No 882/2004 of the European Parliament and of the Council, Derogation 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 327, 30.11.2004, p. 27), as last amended by Regulation (EC) No 1250/2008 (OJ L 378, 27.12.2008, p. OJ L 337, 16.12.2008, p.

b)

which satisfies the respective requirements of a legislative act adopted by the Commission of the European Community or the European Commission, which is based on Article 9 of Regulation (EC) No 853/2004 or Article 16, including in conjunction with Article 14 (4), which is based on Regulation (EC) No 854/2004 and, where this is a non-immediate act, has been notified by the Federal Office of the Federal Gazette, or

c)

which satisfies the requirements of a decision adopted by the Commission of the European Community in respect of one of the acts of the European Community referred to in Annex 2, column 4, of the European Community, and which has been adopted by the Federal Office in the Federal Gazette or in the electronic Federal Gazette *).

(2) Shipments of food of animal origin may be

1.

by way of derogation from paragraph 1, point 1, as long as these foodstuffs are

a)

no act has been adopted in accordance with paragraph 1 (1) (a), and

b)

has not been adopted in accordance with paragraph 1 (1) (b) or (c) and has been made public by the Federal Office,

2.

by way of derogation from paragraph 1 (2), where the food or the animals from which the food originates do not fall under any of the categories listed in the Annex to an act referred to in point 2 of paragraph 1,

3.

by way of derogation from paragraph 1 (3), as long as these foodstuffs are

a)

the list referred to in paragraph 1 (3) (a) has not been made available to the public; and

b)

has not been adopted in accordance with paragraph 1 (3) (b) or (c) and has been made public by the Federal Office,

4.

by way of derogation from paragraph 1, point 4, as long as these foodstuffs are

a)

in the act referred to in paragraph 1 (4) (a), there are no requirements for certificates to be drawn up,

b)

shall not adopt an act referred to in paragraph 1 (4) (b) and, in so far as it is a non-direct act, has been notified by the Federal Office of the

c)

a decision referred to in paragraph 1 (4) (c) has not been adopted and has been notified by the Federal Office.

In the case referred to in point 4 of the first sentence, the food shall be accompanied by a certificate satisfying the requirements of Article 14 (1) in conjunction with points 1 and 2 of Annex VI to Regulation (EC) No 854/2004, and according to shape and content corresponds to the pattern of the plant 2a.

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Section 7 Import investigation

The competent authority of the border inspection body shall, in the case of foodstuffs of animal origin, produce food produced using foodstuffs of animal origin, and live animals within the meaning of Article 4 (1) (1) (1) (1) (1) (1) (1) (1) ( 1 of the Food and Feed Code shall carry out an import inspection comprising a document test in accordance with Annex I to Regulation (EC) No 136/2004, a check on the inspection of Annex 3 and a physical inspection in accordance with Appendix 4. (2) By way of derogation from paragraph 1, consignments of foodstuffs of animal origin shall be or live animals within the meaning of Article 4 (1) (1) of the Food and Feed Code, which shall arrive at an airport or port via a border inspection post and be reloaded directly into an aircraft or ship there, subject, subject to the second sentence, to the border inspection post at the place of destination of the import inspection. The person responsible for the transport shall immediately, in the manner determined by the competent authority, have the authority responsible for the border inspection post concerning the date and place of unloading and the border inspection post of the place of destination. insofar as the transhipment of the consignment takes place within a period of less than 12 hours in flight or less than seven days in the maritime transport sector. The competent authority of the border inspection body shall, in accordance with the first sentence in which the period referred to in the second sentence but not the period of 48 hours in the flight or 20 days in the maritime transport sector has been exceeded, carry out a document verification, including the certified copies. The competent authority of the border inspection body shall carry out an import investigation as referred to in paragraph 1 if the period of time after sentence 3 has been exceeded. In the case of the second sentence, the competent authority may, where grounds for health protection require it, carry out a document examination, including certified copies and, in the case of sentence 3, an import investigation as referred to in paragraph 1. The competent authority of the authority responsible for the border inspection body shall ensure that the consignments remain in accordance with the provisions of sentences 2 and 3. (3) The competent authority shall carry out the import or other introduction of food of animal origin and official controls which have been determined in an act of the European Community or of the European Union referred to in Article 13 (1), first sentence, of the European Community or of the European Union, in so far as the Federal Ministry of Food, Research and Energy, Agriculture and Consumer Protection (Federal Ministry) the act in the Federal Gazette has made known. The Federal Ministry also makes changes and repeals of this act in the Federal Gazette. Unofficial table of contents

§ 8 Procedure after the conclusion of the import investigation

(1) At the end of the procedure referred to in Article 1 (1) of Regulation (EC) No 136/2004, the competent authority of the border inspection body shall have, on request, a certified copy of the official health certificate, upon request, (2) If consignments are divided at the border inspection post after the import inspection, the procedure laid down in Article 3 (1) to (3) and (4) shall apply for each part-consignment. Article 1 of Regulation (EC) No 136/2004. (3) Where the Authority competent authority pursuant to Article 21 (1) of Regulation (EC) No 882/2004 granted a permit for the return of consignments, it shall have the originals of the documents accompanying the consignment with a stamp imprint in red Label the color with the word "rejected". The consignment itself shall be marked, where appropriate, in accordance with the provisions of Annex 4, Chapter III, points 5 and 6. (4) The competent authority of the border inspection post shall be responsible for the inspection of the consignment.

1.

a serious infringement or repeated violations of the rules on food law,

2.

the administration of prohibited substances or products to live animals, or

3.

for foodstuffs of animal origin

a)

maximum residue levels of residues of substances having a pharmacological effect or conversion products or of other substances which may affect human health, or

b)

Residues of banned substances with a pharmacological effect or their transformation products

, in the case of the following consignments of live animals or foodstuffs of animal origin of the same origin or origin, it shall carry out increased checks in accordance with the conditions laid down in Article 30 (1), indent 2 of Directive 96 /23/EC and of Article 24 (1), indent 2 of Directive 97 /78/EC. In the case of meat, minced meat, meat preparations and meat products, the scope of the reinforced checks to be carried out in accordance with the first sentence of Annex 4, Chapter III, points 2.2.3, 2.3.2, 3, 4.2.5 and 4.4.2. (5), paragraph 4, first sentence, point 3 Point (b) shall not apply in so far as the reference values for the measures relating to the respective residues are laid down in the following acts and they are not achieved:

1.

Article 2 of the Commission Decision 2005 /34/EC of 11 January 2005 laying down uniform standards for the examination of products of animal origin imported from third countries for certain residues (OJ L 327, 22.11.2005, p. 61) in conjunction with Annex II to Commission Decision 2002/657/EC of 12 August 2002 on the implementation of Council Directive 96 /23/EC on the implementation of analytical methods and the evaluation of results (OJ L 16, 26.1.2002, p. OJ L 221, 17.9.2002, p. 8, L 229, 6.9.2002, p.

2.

Acts of the European Union referred to in Article 18 of Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 on the establishment of a Community procedure for the establishment of maximum residue limits of pharmacologic effective substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001 /82/EC of the European Parliament and of the Council (OJ L 136, 31.7.2001, p. 11) should be based on the current version of the Directive.

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§ 9 transit

(1) shipments of food of animal origin or of live animals within the meaning of Article 4 (1) (1) of the Food and Feed Code, which do not meet the requirements of food law or which are displayed on the display by article 2 of Regulation (EC) No 136/2004, without prejudice to the animal health requirements, may only be brought to the country for the purpose of transit, provided that it is subject to a document examination in accordance with Annex I to the Regulation (EC) No 136/2004 and a check on the situation in accordance with Appendix 3 . By way of derogation from the first sentence, consignments of the foodstuffs referred to therein may be brought to the national territory for the purpose of transit when the consignments are made in another Member State or another State Party to the Agreement on the European The economic area of a transit control has been subject to the relevant national legislation. The competent authority of the incoming border inspection post shall, in addition, carry out a physical inspection in accordance with Article 7 (1) of the consignments indicated for transit, provided that the reasons for the health protection or a reasonable suspicion of a (2) After completion of the tests referred to in paragraph 1, the consignments shall be subject to compliance with the requirements of paragraph 3.

1.

to transfer to a third country within a period of not more than 30 days, through a border inspection post (exit border inspection post), or

2.

in accordance with Article 12 (1) or registered in accordance with Article 12 (2), domestically or in a warehouse registered by the competent authority of a Member State or of another Contracting State of the Agreement on the European Economic Area, pursuant to to transport and store a warehouse recognised or approved in accordance with national legislation implementing Article 12 (4) (b) or Article 13 (1) (a) of Directive 97 /78/EC.

To the extent that the transit of consignments is prohibited or restricted in accordance with the first sentence of Article 13 (1), or where the examination of documents or the checking of the checks for the transit of certain consignments otherwise gives rise to complaints, the Border inspection body shall allow the consignor, the consignee or their respective authorised representative to return the consignment to a destination outside the European Union designated by such persons within 60 days, provided that health concerns are not in conflict. Otherwise, the food is to be removed from the disposal. If the consignment is to be returned, the authority responsible for the border inspection post shall have the information procedure referred to in Article 3 (3) of Commission Decision 2004 /292/EC of 30 March 2004 establishing the TRACES system and the Amendment of Decision 92 /486/EEC (OJ L 206, 22.7.1992 63), as amended, to be introduced in the current version. The originals of the documents accompanying the consignment must be marked with a stamp imprint in red with the word "rejected". (3) Those who carry consignments as referred to in paragraph 1 shall have the same

1.

in the external Community transit procedure laid down in Council Regulation (EEC) No 2913/92 of 12 June 1992. October 1992 establishing the Community Customs Code (OJ L 327, 31.12.1992, p. OJ L 302, 19.10.1992, p. 1),

2.

without transhipment or division, and

3.

in officially sealed, leak-proof vehicles or containers which, if necessary, are to be cleaned and disinfected after having been used by the competent authority after their use,

(4) In the case referred to in the first sentence of the second sentence of paragraph 2, the competent authority of the border inspection post for which the consignment has been sent to the territory of the country shall be responsible for the transport of the original. (input border inspection post) to inform the competent authority of the transport authority for the home border inspection post. The authority responsible for the home border inspection body shall verify that the consignment referred to in paragraph 1 complies with the common veterinary document for import and certify that the consignment has left the country. It shall inform the competent authority of the institution responsible for the entry border inspection post. If within 30 days of dispatch of the consignment there is no communication on the outcome of the consignment, the competent authority responsible for the incoming border inspection post shall have the competent customs authority for further research on the continued absence of the consignment. (5) By way of derogation from paragraphs 1 to 4, in the case of the transit of consignments which are directly related to the period referred to in the second sentence of Article 7 (2), the competent authority in the air and maritime transport sector in the air and maritime transport sector may: other aircraft or ship are reloaded and are intended for this purpose, without any further intermediate stops in the areas referred to in Annex I to Directive 97 /78/EC, to be transferred to a third country, the person responsible for the transport shall immediately inform the competent authority of the entry border inspection post in the territory of the competent authority designated by the competent authority, To be informed about the time and place of unloading. The competent authority of the incoming border inspection body shall carry out a document check, including certified copies, and carry out a check in accordance with the first sentence of paragraph 1, provided that the reasons for the health protection require it. (6) In the cases referred to in the first sentence of paragraph 2, the competent authority of the border inspection body shall authorize the transport and storage of consignments only if the number of consignments for the warehouse referred to in the second sentence of the second sentence of paragraph 2 is 1 2 competent authority has authorised the storage of consignments within the meaning of paragraph 1. The competent authority of the border inspection body shall have the competent authority of the warehouse responsible for the transport of the consignment by means of the information procedure provided for in Article 2 of Commission Decision 91 /398/EEC of 19 July 1991 on the transport of the consignment to the warehouse. computerised network linking the veterinary authorities (ANIMO) (OJ L 327, 28.4.2002, p. 30) or to Article 3 of Decision 2004 /292/EC. The person concerned shall indicate the arrival of the consignment of the authority responsible for the warehouse on the basis of the Common Veterinary Document for importation. The fourth sentence of paragraph 4 shall apply accordingly. Unofficial table of contents

Section 10 Storage for the transit of certain consignments

(1) The operator of a customs warehouse, free warehouse or warehouse in a free zone within the meaning of Article 12 (1) shall have the consignments of foodstuffs referred to in Article 9 (1) with the reference number of their Common Veterinary Document for importation. and to store it in a spatially separate way from food that meets the requirements of food law. The consignments may only be treated in so far as this is necessary for the storage or distribution of a consignment in submissions. The packaging or presentation must not be altered in this case and the food must be excluded from any adverse effect. The operator has to carry out inventory records on a daily basis in a way that provides information about the respective inventory at all times. The type and quantity of the food and the indication of the country of origin and the corresponding entry border inspection post shall be indicated for each consignment in place. For each outsourcing, the name and address of the consignee shall be the reference number of the warehouse of destination within the meaning of section 9 (2), first sentence, point 2, the ship of destination or the third country of destination, with the indication of the home border inspection post. The stock records shall be kept for a period of at least three years. The operator or his/her agents shall keep the access to the warehouse under constant control and make available to the staff carrying out the official controls, on request, telephone and fax. (2) The competent authority shall have the following information: Compliance with the provisions of paragraph 1 and section 12 (1), as well as the origin and destination of each consignment, on the basis of a document verification in accordance with Annex I to Regulation (EC) No 136/2004 and a check on the identification according to Appendix 3. (3) The storage operator shall be entitled to the consignments from customs warehouses referred to in paragraph 1, free warehouses or warehouses in free zones within the meaning of Article 12 (1) only if they are

1.

in accordance with Article 9 (2), first sentence, point 1, into a third country, or

2.

in a warehouse registered in accordance with section 12 (2), or in a warehouse located in the territory of a Member State or in another Contracting State of the Agreement on the European Economic Area, by the competent authority of a Member State or of another State Party to the Agreement pursuant to Article 13 (1) (a) of Directive 97 /78/EC, in accordance with Article 9 (3), and

3.

shall be delivered under the supervision of the competent authority.

The transport between warehouses recognised in accordance with § 12 (1) shall be prohibited. (4) Those who outsource consignments from warehouses within the meaning of Article 12 (1) shall require the approval of the competent authority. The competent authority shall draw up the original of the Common Veterinary Document for import and issue a new document for each consignment or part of the consignment. The competent authority shall, in the cases referred to in paragraph 3, first sentence, point 1, in accordance with Article 9 (4) and in the cases referred to in paragraph 3, first sentence, point 2 in accordance with Article 9 (6). (5) The competent authority may, where the reasons for the Health protection requires that the storage of foodstuffs which do not meet the requirements of food law should be placed in a warehouse within the meaning of Article 12 (1) and that the food stored therein shall be subject to a physical inspection Appendix 4. Unofficial table of contents

Section 11 Shipyards

(1) Anyone who equips seagoing ships with food in accordance with § 9 (1) (ship equipment supplier) shall register his holding for this purpose by the competent authority in accordance with Section 12 (2). Those who operate an establishment in accordance with the first sentence shall comply with the provisions of § 10 (1) and (4) sentence 1; and

1.

to notify the competent authority without delay of any receipt of food in accordance with Article 9 (1), into a warehouse within the meaning of Article 12 (2) or into a warehouse within the meaning of section 12 (1);

2.

the consignments referred to in paragraph 9 (1) shall deliver only without intermediate storage on board a sea vessel or into a warehouse approved by the competent authority in the port in which a seagoing vessel shall be fitted, ensuring that the consignment has been approved for the purpose of food is not transferred from the port area to a different destination;

3.

to notify the competent authority of the transit warehouse without delay of any exit from a consignment stating its date of dispatch and destination; the indication shall be reimbursed by means of the certificate referred to in paragraph 2;

4.

in advance, to inform the competent authority of the port in which a seagoing ship is to be equipped, or for a warehouse within the meaning of point 2, by means of a copy of the certificate referred to in paragraph 2, in advance of the arrival of the consignment.

Shipyards may supply shipments in accordance with Article 9 (1) only to seagoing ships outside the coastal zones of the Member States and other States Parties to the Agreement on the European Economic Area. (2) Ship equipment shall be allowed to enter into in accordance with the model referred to in Article 5 (2), in conjunction with the Annex to Commission Decision 2000 /571/EC of 8 September 2000 laying down the Procedures for veterinary checks on third country products for free zones, Free warehouses or customs warehouses or for storage operators for the supply of means of transport in international maritime transport (OJ L 327, 30.4.2004 14), as amended, is included in the current version. They shall be responsible for carrying out the consignment under the external Community transit procedure laid down in Regulation (EEC) No 2913/92. The master or any person authorized by him shall immediately confirm the delivery of the consignment on the certificate referred to in the first sentence on receipt of the consignment. Ship equipment shall be sent without delay to the competent authority of the transit warehouse. (3) After carrying out a document check in accordance with Annex I to Regulation (EC) No 136/2004 and a check in accordance with Annex 3, the competent authority of the dispatch warehouse shall issue the certificate referred to in paragraph 2 for the carriage of a consignment referred to in the second sentence of the second sentence of paragraph 1. In this case, a common certificate may be used for consignments of foodstuffs of different origin. The competent authority of the transit warehouse shall, at the latest at the time of dispatch, supply the consignment to the competent authority of the port of destination by means of the information procedure provided for in Article 2 of Decision 91 /398/EEC or Article 3 thereof. Decision 2004 /292/EC. Unofficial table of contents

§ 12 Recognition of warehouses and registration of ship equipment

(1) Customs warehouses, free warehouses and warehouses in free zones where food which does not meet the import requirements shall be stored shall be recognised on request by the competent authority if the following conditions are met: are:

1.

The bearings have controllable access points and must be secured against the access of unauthorized persons.

2.

The warehouses have separate storage or cooling rooms, which make it possible to store the food separately from other foodstuffs within the meaning of Article 9 (1). By way of derogation from the first sentence, the competent authority may allow the separate storage within a room if there is a lockable separation for food within the meaning of section 9 (1).

3.

The camps have spaces reserved for the personnel carrying out the official controls.

Ship equipment shall be registered on request by the competent authority if it satisfies the conditions set out in point 2 of paragraph 1 and has a closed building, the access of which can be controlled at any time and against entry (3) The competent authority shall monitor compliance with the conditions laid down in paragraphs 1 and 2. (4) The Federal Office shall keep a list of the stocks recognised in accordance with paragraph 1 and the list referred to in paragraph 2. Ship's equipment. Unofficial table of contents

§ 13 Prohibitions on the protection of the European Community or the European Union

(1) Food of animal origin produced or treated in third countries may not be imported or otherwise imported, in so far as its importation into or transit through the European Union or its first-time Placing on the market in the European Union by means of an act not directly applicable to the European Community or the European Union by reason of

1.

Article 53 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 Authority for Food safety and laying down procedures in matters of food safety (OJ C 327, 1), as amended, or

2.

Article 22 of Directive 97 /78/EC, as amended

, the Federal Ministry of Justice has published the respective act in the Federal Gazette (Bundesanzeiger). The Federal Ministry also makes changes and repeals of the relevant act in the Federal Gazette. The provisions of sentences 1 and 2 shall also apply where, in a legislative act referred to in the first sentence, specific conditions for the importation, transit or initial placing on the market of foodstuffs are determined and those conditions are not met. (2) The prohibition the provisions of paragraph 1 shall not apply to food imported or otherwise brought before the date of publication of the notice. Notices referred to in paragraph 1 shall be effective at the beginning of the day following their publication, unless a later date has been determined in the notice. Unofficial table of contents

§ 13a Prohibition of imports of certain foodstuffs

It is prohibited to introduce meat from dogs, cats, other dog-like or cat-like animals (canids and felines) or monkeys. Unofficial table of contents

Section 14 Procedure for re-entry

(1) By way of derogation from § 5 (1) and Article 7 (1), including in conjunction with paragraph 3, a consignment of foodstuffs of animal origin originating in the European Union or another State Party to the Agreement on the European Union may also be the Economic Area or the Faroe Islands, or, in the case of fishery products and live bivalve molluscs, echinoderms, tunicates and marine gastropods originating in Iceland, which has been rejected by a third country, shall be returned to the the scope of this Regulation shall be applied where:

1.

the competent authority which issued the original certificate of health, health certificate or any other comparable document in the original has agreed to the withdrawal of the consignment to the holding of origin,

2.

the consignment is accompanied by the original referred to in paragraph 1 or an officially certified copy of the health certificate, health certificate or other comparable document, and

a)

the consignment is accompanied by a certificate issued by the competent authority of the third country indicating the reasons for the refusal and confirming that the prescribed storage and transport conditions have been complied with and that the conditions for the transmission of the goods are food has not been subjected to any treatment; or

b)

in the case of sealed containers, the consignment is accompanied by a certificate issued by the transport undertaking confirming that the food has not been treated or discharged; and

3.

the consignment is transferred to the national territory via a border inspection post in accordance with Article 5 (1) (2).

(2) The competent authority of the border inspection body shall also have the consignment referred to in paragraph 1 of a document examination and inspection and, where there is a reasonable suspicion of non-compliance with the provisions of the food law, also a Inspection of the goods in accordance with § 7 (1). The consignment shall be returned in officially sealed, leak-proof vehicles or containers directly to the original establishment for which the original certificate has been issued. In order to ensure a channelled import in accordance with the T 5 procedure laid down in Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down detailed rules for the application of Regulation (EEC) No 2913/92, the consignment shall be subject to the T 5 procedure in force in the (3) The competent authority of the border inspection body shall inform the competent authority of the arrival of the consignment for the place of destination. on the information procedure referred to in Article 2 of Decision 91 /398/EEC or Article 3 of Decision 2004 /292/EC.

Section 3
Rules for food of non-animal origin

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Section 15 Designation of entry points and import locations

(1) Consignments of food products referred to in Article 3 (c) of Commission Regulation (EC) No 669/2009 of 24 July 2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council with a view to increased official Controls on the importation of certain feed and food of non-animal origin and amending Decision 2006 /504/EC (OJ L 327, 30.4.2006, p. 11), as amended, may, for the first time, be transferred to the territory of the country directly from third countries only via one of the designated entry points within the meaning of Article 3 (b) of Regulation (EC) No 669/2009. The publication of the list of designated places of entry as referred to in Article 5, first sentence, of Regulation (EC) No 669/2009 shall be published by the Federal Office. (2) Shipments of foodstuffs referred to in Article 1 of Commission Regulation (EC) No 1152/2009 of 27 November 2009 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 206, 22.7.2006, p. 40), as amended, may only be introduced from third countries via one of the designated places within the meaning of Article 2 (2) (a) of Regulation (EC) No 1152/2009. The publication of the list of designated places pursuant to Article 6 (2) of Regulation (EC) No 1152/2009 shall be made by the Federal Office. Unofficial table of contents

§ 16 Prohibitions on the protection of the European Community or the European Union

(1) Food of non-animal origin produced or treated in third countries may not be imported or otherwise transported, to the extent that their importation into or transit through the European Union or their first Placing on the market in the European Union by a non-direct act which the European Community or the European Union has adopted on the basis of Article 53 of Regulation (EC) No 178/2002, and which shall: Federal Ministry of the Federal Republic of Germany has announced the act in the Federal Gazette The Federal Ministry also makes changes and repeals of the relevant act in the Federal Gazette. The provisions of sentences 1 and 2 shall also apply where, in a legislative act referred to in the first sentence, specific conditions for the importation, transit or initial placing on the market of foodstuffs are determined and those conditions are not met. (2) The prohibition the provisions of paragraph 1 shall not apply to food imported or otherwise brought before the date of publication of the notice. Notices referred to in paragraph 1 shall be effective at the beginning of the day following their publication, unless a later date has been determined in the notice. Unofficial table of contents

Section 17 Official controls

Without prejudice to the official controls of foodstuffs of non-animal origin to be carried out by the competent authority as a result of acts directly applicable to the European Community or the European Union, the competent authority shall: Authority on the import or other introduction of non-animal products of non-animal origin from third countries official controls which have been determined in a non-direct act in accordance with the first sentence of Article 16 (1), to the extent that: Federal Ministry of this act has announced this act in the Federal Gazette. The Federal Ministry also makes changes and repeals of this act in the Federal Gazette.

Section 4
Rules applicable to certain foodstuffs

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§ 17a Rules for food from China with regard to melamine

(1) It is prohibited to:

1.

the first subparagraph of Article 4 (1) of Commission Regulation (EC) No 1135/2009 of 25 November 2009 laying down special rules for the import of certain products originating or consigned from China and repealing the Decision 2008 /798/EC (OJ L 378, 27. 3, L 161 of 29 June 2010, p. 12),

2.

a substance referred to in the first subparagraph of Article 4 (1) of Regulation (EC) No 1135/2009 as food

(2) By way of derogation from point 1 of paragraph 1, the import of a foodstuff referred to in paragraph 1 shall be authorised to the extent that it is brought into the territory of the country via a control centre referred to in Appendix 5 and does not contain a content of melamine, which shall be 2.5 mg/kg exceeds. The first sentence shall apply in respect of a substance referred to in paragraph 1 (2). Article 2 (1) of Regulation (EC) No 1135/2009 shall remain unaffected. (3) The competent authority responsible for carrying out the checks referred to in Article 4 (1) of Regulation (EC) No 1135/2009 shall provide the competent authority for the controlled consignment. responsible food business operator or its representative shall issue a written certificate of compliance with the requirements referred to in Article 4 (4) of Regulation (EC) No 1135/2009 with which the competent food business operator shall demonstrate the proof referred to in Article 4 (4) of Regulation (EC) No 113 (4) Those who are obliged to communicate in accordance with Article 3 of Regulation (EC) No 1135/2009 shall have the following information: Communicate at least one working day prior to the arrival of the consignment of the inspection body referred to in the first sentence of paragraph 2. By way of derogation from the first sentence, the competent authority responsible for the supervisory authority may, as a matter of time, recognise a subsequent communication, in so far as it does not hinder the proper implementation of the control of imports. Unofficial table of contents

Section 17b Rules on food from India in respect of guar meal

(1) It is prohibited to:

1.

one of the provisions of Article 1 (a) of Commission Regulation (EU) No 258/2010 of 25 March 2010 laying down special requirements for imports 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, 28.2.2008, p. 28), referred to as food,

2.

Food referred to in Article 1 (b) of Regulation (EU) No 258/2010

(2) By way of derogation from point 2 of paragraph 1, the import of a food referred to in that paragraph shall be authorised to the extent that it is brought into the territory of the country via a control centre referred to in Annex 6 and that it does not contain pentachlorophenol, which shall be: 0.01 mg/kg is exceeded. The first sentence shall apply in respect of a substance referred to in paragraph 1 (1). (3) By way of derogation from the first sentence of paragraph 1 and the first sentence of paragraph 2, the import of a foodstuff referred to therein which has been brought out of its country of origin before 14 April 2010 shall be: shall be admissible as far as

1.

shall be transferred to the territory of the country via a control point referred to in Annex 6; and

2.

proof of an analysis report referred to in Article 2 (1) of Commission Decision 2008 /352/EC of 29 April 2008 laying down special rules for the import of guar meal originating in or consigned from India on the basis of the risk of a Contamination of these products by means of pentachlorophenol and dioxins (OJ L 327, 28. 42) does not contain a content of pentachlorophenol which exceeds 0.01 mg/kg.

The first sentence shall apply in respect of a substance referred to in paragraph 1 (1). (4) The competent authority responsible for carrying out the checks referred to in Article 5 (1) of Regulation (EU) No 258/2010 shall submit to the competent authority for the controlled programme. responsible food business operator or its representative shall issue a written certificate of compliance with the requirements referred to in Article 8 of Regulation (EU) No 258/2010, with which it may demonstrate the proof referred to therein. (5) , the communication referred to in Article 4 of Regulation (EU) No 258/2010 shall be required to: submit at least one working day prior to the arrival of the consignment of the inspection body referred to in the first sentence of paragraph 3, first sentence. By way of derogation from the first sentence, the competent authority responsible for the supervisory authority may, as a matter of time, recognise a subsequent communication, in so far as it does not hinder the proper implementation of the control of imports.

Section 5
Derogations

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Section 18 Derogations

(1) § 53 (1) sentence 1 of the Food and Feed Code shall apply without prejudice to the first sentence of Article 5 (1) of the Food and Feed Code and Article 14 (1) in conjunction with paragraph 2 (a) of Regulation (EC) No 178/2002 not for

1.

the transport of foodstuffs under customs control and the storage of foodstuffs in customs warehouses, free warehouses or warehouses in free zones,

2.

the processing and conversion of foodstuffs as long as the food is under customs control,

3.

Food which is spent on behalf of the head of an external State or of his or her entreage and which is intended for use or consumption during his stay within the scope of this Regulation,

4.

Food intended for diplomatic or consular representations,

5.

Foods intended solely for scientific purposes, for trade fairs, exhibitions or similar events,

6.

Food which is spent as a travel requirement, as far as quantities are concerned, for which import duties are not to be levied,

7.

foodstuffs which are carried on means of transport and which are intended solely for the consumption of persons transported by such means of transport;

8.

Food in private gifts, insofar as they are intended for the recipient's own use or consumption, as well as food as gifts in the public interest;

9.

Small quantities of food samples and samples,

10.

food as a stock of resettlement or marriage good in quantities normally held as a supply,

11.

food intended for sea-going vessels for consumption on the high seas and consumed on board the vessel;

12.

Food of animal origin intended exclusively for the supply of international organisations or foreign military forces stationed in the Federal Republic of Germany.

Food within the meaning of the first sentence of sentence 1 shall be subject to the provisions of Section 57 (4) of the Food and Feed Code. The provisions of Regulation (EC) No 136/2004 and Commission Regulation (EC) No 206/2009 of 5 March 2009 on imports into the Community for the personal consumption of certain quantities of products of animal origin and on imports into the Community of certain quantities of products of animal origin Amendment of Regulation (EC) No 136/2004 (OJ L 46, 17.2.2004, p 1) shall remain unaffected. (2) § § 3 to 8 shall not apply to foodstuffs as defined in the first sentence of the first sentence of paragraph 1, points 6, 7, 8 and 12. § § 4 to 8 shall not apply to foodstuffs as defined in the first sentence of the first sentence of paragraph 1. (3) § § 3 to 8 shall not apply to food in accordance with the first sentence of the first sentence of paragraph 1, points 5 and 9, insofar as the competent authority of the place of destination has previously approved the delivery. In the case of the first sentence, the competent authority of the place of destination shall monitor that the food is supplied to the intended use and is not otherwise placed on the market. Anyone who has imported food in accordance with the first sentence of paragraph 1 (1) (5) or (9) shall, without delay, be transferred to a third country after appropriate use of the food or, following a closer directive, to be transferred to a third country by the competent authority. Without prejudice to the animal health rules, 3, 5, 6 and 9 shall not apply to food which is carried on board aeroplanes or seagoing vessels for food and does not discharge them. In the case of the first sentence, the competent authority may carry out random checks on the documents which permit conclusions on the nature, scope and nature of the food. Anyone who discharges food according to the first sentence of the first sentence must immediately remove the food. Sentence 3 shall not apply where, under customs supervision, the transfer is directly carried out between the means of transport used in international transport. Any recharge within the meaning of sentence 4 shall be notified to the competent authority in advance. The competent authority may carry out random checks on the documents which permit conclusions on the nature, scope and nature of the food.

Section 6
Offences and regularties

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§ 19 Crime

In accordance with Article 59 (1) (21) (a) of the Food and Feed Code, the following shall be punished:

1.

contrary to § 4 sentence 1, also in conjunction with sentence 2, live animals are introduced,

2.

, contrary to the first sentence of Article 13 (1), including in conjunction with sentence 3, food, or otherwise spends,

3.

in breach of § 13a of the flesh,

4.

, contrary to the first sentence of Article 16 (1), including in conjunction with sentence 3, food, or otherwise spends,

5.

, contrary to Article 17a (1), a food or a substance referred to in that paragraph is imported as a food or

6.

Contrary to Article 17b (1), a substance referred to there shall be imported as a food or a food referred to therein.

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§ 20 Administrative Offences

(1) In accordance with Section 60 (1) (2) of the Food and Feed Code, anyone who negligently deals with an act referred to in § 19 acts in an irregular manner. (2) Contrary to the order of law as defined in § 60 (2) (26) (b) of the Food and Feed Code Animal feed code, who intentionally or negligently

1.

, contrary to § 3 sentence 1, an indication is not submitted or not submitted in time

1a.

Contrary to § 3a, a ship or aircraft manifest shall not, not properly, not fully, be presented in the prescribed manner or in a timely manner,

2.

, in accordance with Article 5 (1) (1), introducing a food or a living animal,

3.

in accordance with Article 6 (1) (1), (2) or (3) (b) or (c) or (4), a food,

4.

, contrary to the second sentence of Article 7 (2) or the second sentence of Article 11 (1) (4), the authority or border inspection body referred to therein shall not, not properly, not fully, not in the prescribed manner or in a timely manner,

5.

Contrary to the first sentence of Article 9 (1), the consignment of foodstuffs of animal origin or live animals shall be sent to the national territory,

5a.

Contrary to Article 9 (3) (2), a consignment is not transported correctly

6.

shall equip a seagoing ship without registration in accordance with Article 11 (1) sentence 1,

7.

does not make a notification, not correct, not complete or timely, contrary to Article 11 (1) sentence 2, point 1,

8.

, contrary to Article 11 (1), second sentence, the second subparagraph of paragraph 2, a consignment,

9.

, contrary to § 11 (1) sentence 2, point 3, first sentence 1, an advertisement is not reimbursed, not correct, not complete or not in good time,

10.

, contrary to Article 11 (2), first sentence, a consignment of foodstuffs of animal origin,

11.

Contrary to § 11 paragraph 2 sentence 3, the delivery of a consignment is not confirmed, not correct or not in good time,

12.

, contrary to the fourth sentence of Article 11 (2), a certificate shall not be forwarded or not

12a.

, contrary to the first sentence of Article 17a (4) or the first sentence of Article 17b (5), the first sentence of the first sentence of paragraph 5 of this Article shall not be forwarded,

13.

, contrary to the third sentence of Article 18 (3), a food is not delivered or not delivered in time to a third country, or is not delivered in time to a third country or

14.

Contrary to § 18 (4) sentence 3, a food of animal origin shall not be delivered or not delivered in time for disposal.

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Appendix 1 (to § 5 (2) (3)) Foodstuffs which are not subject to an import investigation pursuant to § 7

(Fundstelle: BGBl. I 2011, p. 1871;
with regard to of the individual amendments. Footnote)

1.

Small pastries,

2.

Bread,

3.

Fine bakery products,

4.

Chocolate,

5.

confectionery,

6.

unfilled gelatine capsules,

7.

Food supplements in pre-packed packages, which

a)

small quantities of products of animal origin, or

b)

Glucosamine, Chondroitin or Chitosan

,

8.

meat extracts and meat concentrates,

9.

Olives, filled with fish,

10.

Pasta, provided that these foods are not filled with meat products or are mixed with meat products,

11.

soups and spice preparations in pre-packed packages containing meat extracts, meat concentrates, animal fats, fish oils, fish powder or fish extract,

12.

Food of animal origin not containing meat products and less than 50 per cent of the total amount of the food in one or more other processed products of animal origin, provided that such foodstuffs are:

a)

at room temperature, or during their manufacturing process, have undergone a complete heat treatment process which has led to the denaturation of any ingredient of animal origin, and the use of this the heat treatment process is unquestionable,

b)

are clearly identified as being intended for human consumption,

c)

are located in undamaged packaging, containment or wraps or sealed containers; and

d)

are accompanied by a trade document from which, in conjunction with a corresponding labelling of the food, information on the nature and quantity of the food, the number of packages, the country of origin, the address of the Manufacturer and the ingredients of the food.

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Annex 2 (to section 6 (1)) Legal basis for listing third countries and establishments in third countries, and for the establishment of certificates or certificates issued by the European Commission

(Fundstelle: BGBl. I 2011, p. 1872-1873)








Food legislation to list of third country legal bases to list of establishments in third country legal bases to establish of certificates or patterns for Certificates 1234

1.	Milk and milk products	Article 23 (2) (b) and Article 3 (a), (c) and (d) of Council Directive 92/46/EEC		Article 23 (2) (b) and Article 3 (a), (c) and (d) of Council Directive 92/46/EEC
2.	Eggs, egg products		*)
3.	Edible snails, frog legs, honey, jelly royale	Article 10 (2) (a) of Council Directive 92/118/EEC	*)
4.	Edible gelatine	Article 10 (2) (a) of Council Directive 92/118/EEC
5.	Collagen	Article 10 (2) (a) of Council Directive 92/118/EEC	*)
6.	Raw materials for the production of edible gelatine and collagen	Council Decision 79 /542/EEC, Article 9 of Council Directive 91 /494/EEC, Article 2 (2) of Council Decision 95 /408/EEC, Article 16 (2) and (3) of Council Directive 92 /45/EEC	*)
7.	Fishery products		Article 11 (1) (i). V. m. Paragraph 4 (c) or (6) of Directive 91 /493/EEC
8.	Live bivalve molluscs, echinoderms, tunicates and marine gastropods		Article 9 of Directive 91 /492/EEC
9.	Meat of bovine animals including bubalus bubalis and bison, pork, ovine and caprine animals or of solipeds kept as domestic animals, as well as of wild claws and solipeds	Article 3 (1) of Directive 72 /462/EEC	Article 4 (1) of Directive 72 /462/EEC	Articles 3 and 22 of Directive 72 /462/EEC
10.	Meat of chickens, turkeys, guinea fowl, ducks and geese		Article 14, Part B, point 2 (a) of Directive 71 /118/EEC
11.	Meat of domestic rabbits, farmed game (Farmwild)	Article 10 (2) (a) of Directive 92 /118/EEC	Article 10 (2) (b) of Directive 92 /118/EEC	Article 10 (2) (c) of Directive 92 /118/EEC
12.	Meat of wild game (large and small game)	Article 16 (3) of Directive 92 /45/EEC	Article 16 (3) of Directive 92 /45/EEC	Article 16 (2) (c) of Directive 92 /45/EEC
13.	Minced meat and meat preparations	Article 13, Section I, Part B, point 1 (b) of Directive 94 /65/EC	Article 13, Section I, Part B, point 2 (a) of Directive 94 /65/EC	Article 13, Section I, Part B, point 1, point (c), of Directive 94 /65/EC
14.	Meat products of meat of bovine animals including bubalus bubalis and bison bison, pork, sheep, goats and solipeds kept as domestic animals	Article 3 (1) of Directive 72 /462/EEC	Article 4 (1) of Directive 72 /462/EEC	Articles 3 and 22 of Directive 72 /462/EEC
15.	Meat products derived from poultrymeat, farmed game meat (farmed game), wild game (big and small wild) and meat of domestic rabbits	Article 10 (2) (a) of Directive 92 /118/EEC	Article 10 (2) (b) of Directive 92 /118/EEC	Article 10 (2) (b) of Directive 92 /118/EEC
16.	Salted or dried and/or heated stomachs, bladders and casings	Article 10 (2) (a) of Directive 92 /118/EEC	Article 10 (2) (b) of Directive 92 /118/EEC	Article 10 (2) (b) of Directive 92 /118/EEC

*)

Lists of establishments in third countries are not regulated by Community law.

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Annex 2a (to section 6, paragraph 2, sentence 2)

(Fundstelle: BGBl. I 2011, p. 1874-1877)

Model veterinary certificate for the importation of
Food of animal origin in accordance with Article 6 (2), first sentence, point 4

Part I

Veterinary certification for imports into the Federal Republic of Germany

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Part II

Food of animal origin according to § 6 (2) sentence 1 point 4 LMEV

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Explanatory notes on the health certificate for the importation of
Food of animal origin in accordance with Article 6 (2), first sentence, point 4
the food imports regulation (LMEV) into the Federal Republic of Germany

General: The certificate must be completed in capital letters. In the case of appropriate information, the corresponding box shall be checked.
ISO codes are the two-letter international standard codes for countries in accordance with the international ISO 3166 alpha-2 standard.

Part I-Details of the consignment

Country: name of the third country in which the certificate is issued.
Senders: name and address (street, location and where applicable) Region/Province/State) of the natural or legal person who gives up the consignment. Specifying the telephone number and fax number as well as the e-mail address will be recommended.
The reference number of the certificate shall be a number to be assigned by the competent authority of the third country in accordance with its own system.
Field I.3
Competent supreme authority: designation of the central authority responsible for issuing certificates in the third country of the consignment third country I.4
Competent local authority: Ggf. Name of the local authority responsible for issuing certificates of the place of origin or place of origin in the third country.
Consignee: name and address (street, location and postal code) of the natural or legal person in the country of destination for which the consignment is intended.
Field I.7countries of origin: name of the third country in which the finished foodstuff is produced or packaged.
Region of origin (where applicable): completion of this field is only necessary for food products covered by régionalisation measures or for those covered by a non-direct act of the European Community or of the European Community. Union the demarcation of an authorised territory. The regions and approved zones shall be indicated as they are referred to in the Official Journal of the EU.
It is the code to be used in the relevant regulations.
Country of destination: Deutschland.Feld I.10
Field I.11
Place of origin: place from which the food comes from.
For food: Each unit of a food-sector company. Mention should be made of the transit operation of the food and the name of the third country of dispatch, provided that the third country of dispatch is not the third country of origin.
Specify the name, address (street, location and where applicable) Region/Provincial/State) and, if required by the relevant legislation, the authorisations and/or Registration number of the company. Field I.12
Field I.13
Indication of the place of loading or of the ship's port.
Indication of the day and time of the consignment. Field I.15
Transport: Detailed information on the means of transport.
Type of transport (airplane, ship, rail, road).
Identification of the means of transport: in the case of aeroplanes, flight number, vessel name, train and wagon number and, in the case of road transport, official registration number, if applicable with the approval number of the trailer. If, after the certificate has been issued, a different means of transport is chosen, the consignor has to inform the EU entrance border inspection post.
Reference number (optional): indication of the number of the airfreight letter, of the sea connossement or of the commercial letter in the rail or road transport field I.16
EU input border inspection post: indication of the name and number of the entry border inspection post in the form as published in the EU Official Journal. This information may be amended pending the establishment of a common veterinary document for imports.
CITES approval number: Only animals and products listed in the Washington Convention on Wild Fauna and Flora (CITES).
Description of the goods: veterinary description of the goods or indication of the heading of the Harmonized System of the World Customs Organisation as amended by Regulation (EEC) No 2658/87. This customs description shall be supplemented, where appropriate, by further information necessary for the categorisation of veterinary matters (type, treatment ...).
Serial number (HS-Code): indication of the code which is derived from the Harmonised System of the World Customs Organisation as amended by Regulation (EEC) No 2658/87.
Total gross and net weight in kg given. Field I.21
Food temperature: suitable procedure for ensuring the transport/storage temperature of the food cruciform. Field I.22
Number of packages: Number of parcels. Field I.23
Seal and container number: The indication of the Plombal numbers may be required. Where appropriate, all numbers to be used for identification of the plungers and containers shall be indicated. If no legislation is required, it is optional. Field I.24
Type of Packagee.Field I.25
Were certified for: indication of the purpose of the intended use of the food (only the possible options appear on the individual certificates).
Human consumption: only concerns foods intended for human consumption.
Further processing: Only applies to foods which have to be processed before placing on the market. Other: For purposes other than those listed above. Field I.26
Field I.27
(no). field I.28
Identification of the goods: specify special requirements in relation to the food. The following information, which may be requested, shall be laid down in the individual certificates.
Type (scientific name), type of goods, processing procedure, where applicable Approval number of the establishments, if applicable Approval number of the cold storage, reference number of the lot, number of packages, net weight.

Part II-certificate

The sample of the health certificate shall determine only the minimum requirements; further information shall be provided, also as a function of the food of animal origin concerned. Country: name of the third country in which the certificate Field II.a
Reference number: Cf. Field I.2.Field II.b
Official veterinarian or official inspector: indication of the name, of his qualification and of his title, and of the date of signature. The investigator may be replaced by an official inspector, if the relevant legislation so provides. Unofficial table of contents

Appendix 3 (to § 7 (1), § 9 (1) sentence 1, § 10 (2) and § 11 (3) sentence 1)
Performance of the Nämsivity Control

(Fundstelle: BGBl. I 2011, p. 1878)

1.

It shall be established, by means of inspection, whether the food is in accordance with the health certificates, health certificates or other comparable documents accompanying the consignments. In particular, the following shall be reviewed

a)

the sealing of the means of transport, provided that it is compulsory,

b)

the existence and conformity of the official stamp, health mark or other marking identifying the country of origin and operation by means of the stamp or other mark on the person referred to in sentence 1 Documents,

c)

in the case of packaged foodstuffs, in addition to the labelling required by food law.

2.

In the case of food contained in containers or vacuum packagings, the inspection may be limited to the fact that the samples attached to the container or the packaging are undamaged and that the information attached to them is not the data of the health certificate, health certificate or other comparable documents.

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Appendix 4 (to § 7 (1), § 8 (3) and (4), § 9 (5) sentence 2 and § 10 (5))
Implementation of the product investigation

(Fundstelle: BGBl. I 2011, pp. 1879-1887) Chapter I

General requirements for the inspection of goods

1.

Each consignment must be checked for compliance with the transport requirements and the means of transport. In particular, it should be noted that:

a)

the prescribed temperature requirements for the foodstuffs concerned have been complied with throughout the transport; for this purpose, the party responsible for the border inspection post shall keep records on request to provide information on cooling during the transport of the consignment;

b)

the food has been adversely affected on transport.

2.

It is necessary to check whether the food complies with the intended use and the information on the health certificate, the health certificate or any other comparable document. In particular, it should be noted that:

a)

the actual weight of the consignment corresponds to the weight indicated in the document referred to in the first sentence, where necessary also by weighing the whole consignment;

b)

in the case of packaging, closure or wrapping, the provisions relating to packaging material, the condition of packaging, enclosure or wrapping, labelling or labelling have been complied with.

3.

Each consignment shall be subject to the opening of the packaging, enclosure or wrapping of a sensory test, in the case of frozen or deep-frozen foodstuffs, if necessary after thawing. This study shall include at least the determination of consistency, colour, odour and, where appropriate, taste variations. If necessary, the measurement of the internal temperature of the food shall be carried out. Unless otherwise specified in the following chapters, these studies shall, in principle, be carried out on 1 per cent of the packages or packages, but at least on two and at most ten packages or packages. If the type, scope or nature of the shipment require, a higher number of packages or packages can be examined. Where access to the entire consignment is necessary for the purpose of the investigation, the transport undertaking has to discharge in part the consignment after closer provision of the authority responsible for the border inspection post. In the case of loose food, the test shall be carried out on at least five separate samples distributed over the consignment. In addition, the food shall be subject to random checks on compliance with the other food legislation.

4.

The competent authority of the border inspection body may order a complete unloading of the transport equipment, provided that:

a)

the means of transport are loaded in such a way that partial unloading of the consignment is not allowed to be carried out in full;

b)

irregularities are detected in the course of the investigation;

c)

the competent authority of the border inspection body shall have evidence suggesting that there is a reasonable suspicion of an irregularity.

5.

In addition to the measures referred to in paragraph 8, the authority responsible for the border inspection body shall take all appropriate steps to ensure that the operations carried out on individual consignments are identified. For this purpose, in particular all the packages examined shall be closed again and officially stamped as well as opened containers shall be re-sealed with the Plombi number to be entered in the certificate referred to in Article 2 of Regulation (EC) No 136/2004 or in any other comparable document.

6.

By way of derogation from paragraphs 1 to 3, inspections shall be carried out in the frequency specified in the Annex to Commission Decision 94 /360/EC of 20 May 1994 on the reduction of the frequency of checks for certain consignments of products Third countries in accordance with Council Directive 90 /675/EEC (OJ L 136, 31.5.1990, 41), as amended, for the foodstuffs listed in that Regulation. The Federal Office of the Federal Republic of Germany has announced Decision 94 /360/EC in its current version as well as the third countries and food of animal origin concerned in the Federal Gazette (Bundesanzeiger). The first sentence shall not apply where there is a suspicion of a breach of the provisions of this Regulation or in the case of doubt as to the nemality of the consignment.

7.

Foods of animal origin shall, unless otherwise specified in Chapters III to VII, be sampled at random

a)

residues,

b)

compliance with the food safety criteria set out in Chapter 1 of Annex I to the Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for food (OJ L 327, 22.12.2005, p. 1), as amended,

to investigate. In the case of the investigations in accordance with the first sentence of the first sentence, the requirements of the import residue control plan drawn up in accordance with Section 2 (10) of the BVL Act in the framework of the residue monitoring plan must be complied with. In addition, any investigation necessary in respect of the import capacity of the food shall be carried out in each case.

Chapter II

Special requirements for the physical examination of live animals

Live animals shall be subject to random sampling for residues. Chapter III

Special requirements for the inspection of goods by
Meat, minced meat, meat preparations and meat products

1.

For the inspection of meat, minced meat, meat preparations and meat products, samples shall be taken out and examined as widely as possible throughout the entire consignment.

2.

In the case of fresh meat, the inspection must be carried out and completed as follows:

2.1

shall be taken from each consignment in accordance with Chapter I, point 6, samples as follows:

2.1.1

in the case of carcases, half-carcases, quarters and three parts of divided animal body halves of ungulates, farmed game, as far as it is not mentioned in point 2.1.2, and large wild game of each twentieth animal body, each twentieth animal body half, each twentieth Animal body quarter and each twentieth in three parts divided animal body half;

2.1.2

in the case of pieces which have been dismantled in addition to point 2.1.1, by-products of the slaughter or carcases of hawmen at a weight of the consignment;

to	1 000 kilograms	2 packages
of more than	1 000 kilograms up to 15 000 kilograms	4 packages
of more than	15 000 kilograms up to 50 000 kilograms	8 packages
of more than	50 000 kilograms	10 packages

for each additional 20 000 kilograms of a consignment, four packages are to be taken out; if unpacked meat is imported, a quantity of meat of not more than 25 kilograms shall be replaced by a piece of packing; the weight of the meat shall be replaced by a the sample taken must be approximately 500 grams;

2.1.3

in the case of meat from poultry, farmed birds and feather wild birds with a weight of the consignment

to	4 000 kilograms	2 packages
over	4 000 kilograms up to 15 000 kilograms	4 packages
where	15 000 kilograms up to 50 000 kilograms	8 packages
where	50 000 kilograms up to 100 000 kilograms	10 packages

in the case of consignments weighing more than 100 000 kilograms, four packages shall be withdrawn for each of the other 50 000 kilograms caught; shall be imported unpacked feather wild, shall replace a packing piece; Poultrymeat quantity not exceeding 25 kilograms.

2.2

The examination of the samples for fresh meat shall be carried out as follows:

2.2.1

in the case of point 2.1.1

2.2.1.1

as far as possible through visual inspection of the thoracic and abdominal fells, the bones and joints, the muscle flesh and the fatty tissue;

2.2.1.2

by measuring the pH value; in the event of suspitis, also by examining the degree of bleeding, loss of heat, protein degradation and by bacterioscopic examination; if necessary, further investigations should be carried out and also odour and to check the taste of the meat after heating;

2.2.2

in the case of points 2.1.2 and 2.1.3, the packages shall be opened and the contents shall be visited without destruction of the protective cover; two each of the packages shall each be visited by an animal body or a section of approximately 500 grams, in the case of an examination of the meat of poultry referred to in the third sentence of point 2.5.1, only thawing procedures laid down in the provisions of the investigation referred to therein may be applied; feather fives shall be used in the feather gown before the In case of suspicion, they are all to clarify the suspicion of suspicion to carry out other investigations necessary;

2.2.3

in the case of the implementation of reinforced checks as referred to in Article 8 (4), second sentence, in conjunction with the first sentence of point 1, at least twice the quantity of meat or twice the number of packages shall be bacteriological, histological, serological or serological, or Chemical-physical to investigate.

2.3

Fresh meat shall also be tested on the basis of animal species and residues:

2.3.1

For this purpose, subject to Chapter I (6), at least one sample for each of the 50 000 kilograms of meat collected shall be taken from the total consignments submitted for examination. If a total of less than 50 000 kilograms of meat is to be examined, at least two samples are to be taken out on the consignments submitted for examination.

2.3.2

By way of derogation from point 2.3.1, in the case of increased checks referred to in Article 8 (4), second sentence, in conjunction with the first sentence of 1 (2) or (3) of each consignment, samples shall be taken as follows: in the case of a weight of the con

up to	1 000 kilograms	2 samples
of more than	1 000 kilograms up to 15 000 kilograms	4 samples
of more than	5 000 kilograms	8 samples.

2.4

By way of derogation from points 2.1.1, 2.2.1, 2.2.3 and 2.3, animal bodies shall be:

a)

Big game and

b)

free living Hasenders

in the ceiling, only subject to a physical inspection in accordance with Chapter I. The competent authority of the place of destination shall be informed, without prejudice to animal health requirements, of the implementation of increased checks in accordance with Article 8 (4).

2.5

In the case of meat from poultry, the assessment referred to in the first sentence of Annex II to Regulation (EC) No 136/2004 shall also be returned for consignments which are subject to the conditions laid down in Articles 15 to 17 and 20 of Regulation (EC) No 136/2004 (EC) No 543/2008 of the Commission of 16 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards marketing standards for poultrymeat (OJ L 378, 27.11.2008, p. 46), as amended, should be based on their loss of deafe or their total water content.

3.

In the case of minced meat and meat preparations, the import inspection shall be carried out and concluded in accordance with the provisions of point 2, except for points 2.1.1, 2.2.1, 2.4 and 2.5.

4.

In the case of meat products, the inspection must be carried out and completed as follows:

4.1

As far as possible, samples shall be taken out and examined throughout the entire consignment.

4.2

Subject to Chapter I (6), first and third sentences, the samples shall be taken as follows:

4.2.1

in the case of consignments of meat products in hermetically sealed containers which have been preserved in such containers by heating, from each consignment

for up to	1 000 containers	2 samples
where	1 000 up to 10 000 containers	4 samples
where	10 000 up to 100 000 containers	8 samples
where	100 000 containers up to 200 000 containers	10 samples

in the case of consignments containing more than 200 000 containers, four containers shall be removed for each of the other 100 000 containers, each of which shall be in each case; the sample shall be in each case sealed in an airtight manner; the weight of the sample taken must be: shall be at least 150 grams, and in the case of containers of less than 150 grams, a corresponding number of containers shall be removed;

4.2.2

in the case of consignments of meat products from poultrymeat prepared only by means of buttocks, a sample weighing approximately 150 grams per 100 kilograms of a consignment,

4.2.3

in the case of consignments of other meat products (sausage, ham, meat products ready for use, rendered animal fat, prepared blood, meat powder and other meat products) a.) of each consignment at a weight

up to	1 000 kilograms	2 samples
where	1 000 kilograms up to 10 000 kilograms	4 samples
where	10 000 kilograms	8 samples

a sample shall be considered to be a pre-filled package; for pre-packed pre-packs of more than 1 000 grams, a sample of at least 150 grams shall be taken, provided that the purpose of the test permits;

4.2.4

of processed stomachs, bubbles or bows of each consignment

for up to	10 barrels	2 samples
to	11 up to 100 barrels	4 samples
to	101 up to 250 barrels	8 samples
where	250 barrels	10 samples.

4.2.5

In the case of the implementation of reinforced checks in accordance with Article 8 (4), twice the number of samples specified in points 4.2.1 to 4.2.4 shall be taken from each consignment.

4.3

The samples taken are to be examined as follows:

4.3.1

in the case of paragraph 4.2.1, whether it is meat products produced by heating and, if necessary, bacterioscopically;

4.3.2

in the case of items 4.2.2 and 4.2.3, whether they are meat products produced by heating, salts or drying alone or in combination with these processes, and in addition, in the case of prepared fat, chemically-physically, in the case of prepared blood, meat powder, black powder in addition bacteriological;

4.3.3

in the case of point 4.2.4, individual packages shall be unpacked at least half; in the case of bundled goods, three bundles shall be released in such a way as to enable the examination of the individual stomachs, blisters or casings processed;

4.3.4

in the event of suspicion, all other methods necessary for the purpose of clarifying the suspicion of the suspicion;

4.3.5

in the case of point 4.2.5, further, possibly also bacteriologically, histologically, serologically or chemically-physically.

4.4

Meat products shall also be subject to random checks on residues following a detailed instruction from the competent authority.

4.4.1

To this end, subject to the first and third sentences of Chapter I (6), at least one sample shall be taken from the total of 50 000 kilograms of meat products collected for each of the items under investigation. If a total of less than 50 000 kilograms of meat products are to be examined, at least two samples are to be taken out on the consignments submitted for examination.

4.4.2

By way of derogation from point 4.4.1, in the case of the implementation of reinforced checks pursuant to Article 8 (4), second sentence, in conjunction with the first sentence of 1 (2) or (3) of each consignment, the samples shall be taken as follows:

up to	1 000 kilograms	3 samples
of more than	1 000 kilograms up to 5 000 kilograms	5 samples
of more than	5 000 kilograms up to 10 000 kilograms	8 samples
of more than	10 000 kilograms	11 samples.

For consignments of processed stomachs, blisters and bows, up to five individual samples shall be combined to form a mixed sample of up to eleven individual samples for two mixed samples if, on the basis of the results of the examination referred to in point 4.3.3, they are representative of: the individual sample may be valid.

5.

Assessment and labelling of fresh meat, minced meat, meat preparations and meat products.

5.1

Fresh meat or meat products or packages of fresh meat, minced meat, meat preparations or meat products used for the examination shall be subject to the stamp imprint "Untersucht" ("Subsearch") identify the specimen in item 6.2.1, indicating the authority responsible for the border inspection post, in accordance with point 6.3, if the import investigation has not given any reason to complain or if the competent authority has a specific treatment in accordance with Article 19 (1) (a) in conjunction with Article 20 (1) Point (a) of Regulation (EC) No 882/2004.

5.2

In the case of fresh meat, minced meat, meat preparations or meat products, all carcases, sections or packages of the consignment must be labelled with the stamp stamp "disposal", in accordance with the model of point 6.2.2, indicating the number of animals used for the consignment. the competent authority referred to in point 6.3 shall be identified where the competent authority is responsible for the results of the inspection of the goods,

5.2.1

Destruction of the consignment pursuant to Article 19 (1) (a), first sentence, or (2) (a) of Regulation (EC) No 882/2004, or

5.2.2

specific treatment pursuant to Article 19 (1) (a), first sentence, in conjunction with Article 20 (1) (b) of Regulation (EC) No 882/2004, or

5.2.3

Take other measures pursuant to Article 19 (1) (a) (2) or (2) (a) of Regulation (EC) No 882 /2004ordered.

5.3

In the case of fresh meat, minced meat, meat preparations or meat products, all meat parts or packages of the consignment with the stamp imprint "rejected" shall be given in accordance with the model of point 6.2.3, indicating the border inspection post to the competent authority referred to in point 6.3 if, on the basis of the results of the product investigation, the competent authority, pursuant to Article 19 (1) (a), first sentence, in conjunction with Article 21 (1) of Regulation (EC) No 882/2004, Return of the consignment to a third country. The competent authority may grant exemptions in individual cases.

5.4

By way of derogation from point 5.3, the meat parts or packages of a consignment must be marked with the stamp imprint "Untersucht",

5.4.1

which, in the case of a measurement of the internal temperature made at the request of the person entitled to dispose of it, have not deviated from the prescribed temperature for each part of the meat or piece of meat and have not otherwise indicated any deviations,

5.4.2

where, according to the common origin, the type of transport or the other circumstances, it may be assumed that there has not been any negative influence on the parts of the consignment to be rejected,

5.4.3

in cases where the animal fat has been discharged, a complaint concerning external contamination with micro-organisms or on the grounds of external contamination shall not be subject to an investigation carried out at the request of the authorized person for each packing of the consignment; is confirmed,

5.4.4

where, in the case of processed stomachs, blisters or bows, a complaint is made on the basis of sensual changes such as: B. rot or parasitic changes, a study carried out at the request of the person entitled to dispose of each package of the consignment reveals that the defect only extends to single processed stomachs, blisters or casings, and that the objectionable parts can be removed.

6.

Samples for stamps to be used for the inspection of goods:

6.1

The fresh meat examined, the meat products examined or the packages examined must be labelled after the conclusion of the investigation. The investigation shall be deemed to have been completed even if the result of the investigation referred to in point 2.3 or 4.4 has not yet been obtained.

6.2

The stamps used must correspond to the following patterns in terms of shape, content and size:

6.2.1

"Investigated"

6.2.2

"Disposal"

6.2.3

"Rejected"

6.3

The stamp imprints referred to in point 6.2 shall be affixed as follows:

6.3.1

The carcases referred to in point 2.1.1, other than the carcasses of large wild animals in the ceiling, shall be marked on each half.

6.3.2

Carcases of large game and rabbits in the ceiling are to be marked inside the abdominal cavity.

6.3.3

Parts referred to in point 2.1.2 shall be marked at least with a stamp imprint.

6.3.4

In the case of animal carcasses of poultry or in the case of by-products of slaughtering, only the packing item under investigation shall be marked.

6.3.5

In the case of bacon pieces or abdominal pieces, from which the swarm has been separated, only the labels must be marked. If individual parts are introduced into packages, a stamp imprint is also to be applied to the packages.

Chapter IV

Specific requirements for the inspection of milk and milk products

In addition to the general requirements for the product investigation referred to in Chapter I, the following laboratory tests shall be carried out:

1.

Laboratory testing

Product type of requirements to be met in accordance with

1.1	Raw milk, heat-treated milk and milk products	polychlorinated biphenyls	Maximum pollutant quantity regulation of 19 December 2003 (BGBl. 2755), in the respectively applicable Version
		Pesticide residues	Regulation of the maximum residue limits of 21 October 1999 (BGBl. I p. 2082), as amended
		Aflatoxins	Mycotoxin maximum quantitative regulation of 2 June 1999 (BGBl. 1248), as amended
		Residues of substances which in the Annex Table 2 of the Regulation (EU) No 37/2010	Regulation (EC) No 470/2009, in conjunction with Regulation (EU) No 37/2010, as amended.
1.2	Raw milk		Annex III, Section IX, Chapter I, Part III, point 3 (a) of Regulation (EC) No 853/2004
	Raw cow's milk	Total germ count	(≤ 100 000 germs/ml
		somatic cells	≤ 400 000 cells/ml
	Raw milk from other Animal species	Total germ count	≤ 1 500 000 germs/ml)
1.3	Heat-treated milk	Listeria monocytogenes	Annex I, Chapter I, point 1.2 of Regulation (EC) No 2073/2005
1.4	Milk products in general	Listeria monocytogenes	Annex I, Chapter I, point 1.1., 1.2 and 1.3 of Regulation (EC) No 2073/2005
1.5	Cheese, butter and cream from raw milk or milk, which has undergone a heat treatment below the pasteurisation temperature	Salmonella	Annex I, Chapter I, point 1.11 of Regulation (EC) No 2073/2005
1.6	Milk and Molkepulver	Salmonella	Annex I, Chapter I, point 1.12 of Regulation (EC) No 2073/2005
1.7	Ice cream with milk parts 1)	Salmonella	Annex I, Chapter I, point 1.13 of Regulation (EC) No 2073/2005
1.8	Cheese, Milk and Molkepulvers 2)	Staphylococcal enterotoxins	Annex I, Chapter I, point 1.21 of Regulation (EC) No 2073/2005
1.9	Milk products used as dried infant formulae and dried dietetic foods for infants under six months of age are	Salmonella Enterobacter sakazakii	Annex I, Chapter I, points 1.22 and 1.23 of Regulation (EC) No 2073/2005

1)

Except for products where there is no salmonella risk on the basis of the manufacturing process.

2)

The position shall include the following products:

-

Cheese made of raw milk,

-

cheese made from milk which has undergone a heat treatment below the pasteurisation temperature,

-

cheese made from milk or whey which has been pasteurised or subjected to a heat treatment above the pasteurisation temperature;

-

Milk powder and whey powder which are not intended for further processing.

2.

Sample plateThe laboratory tests referred to in point 1 shall be subject to consignments imported through a border inspection post, subject to Chapter I, point 6

2.1

according to item 1.1, a lot of each 30. Consignment,

2.2

according to section 1.2, a lot of each 10. Consignment,

2.3

in accordance with points 1.3 to 1.9, a lot of each 20. To be submitted. The consignments shall be selected in a manner which is not foreseeable for the importer.

3.

In addition, any investigation necessary for the import capability shall be carried out in each case.

4.

In the event of non-compliance with the provisions on food law, the competent authority shall order the measures referred to in Article 19 (1) (a) of Regulation (EC) No 882/2004.

Chapter V

Specific requirements for the inspection of fishery products and live bivalve molluscs

In addition to the general requirements for the physical inspection referred to in Chapter I, the following requirements shall be taken into account:

1.

Sensory analysis

1.1

In addition to a visual check on parasites, fishery products shall be subject to visual inspection in the sensory examination referred to in Chapter I, point 3. In the sensory analysis, the results of the fresh classification may be obtained in accordance with Council Regulation (EC) No 2406/96 on common marketing standards for certain fishery products (OJ L 327, 31.12.1996, p. 1), as amended, is to be taken into account in the current version.

1.2

Live bivalve molluscs are to be examined to determine whether they have recognizable features that can be used to close the degree of freshness and viability.

2.

Laboratory tests

2.1

In addition to the general requirements for the product investigation referred to in Chapter I, the following laboratory tests shall be carried out:

Product type of requirements to be met in accordance with

2.1.1	Ready-to-eat fishery products	Listeria monocytogenes	Annex I, Chapter I, point 1.2 of the Regulation (EC) No 2073/2005
2.1.2	Boiled cancers and molluscs	Salmonella	Annex I, Chapter I, point 1.16 of the Regulation (EC) No 2073/2005
2.1.3	Live bivalve molluscs, echinoderms, tunicates and snails	Salmonella E. coli	Annex I, Chapter I, points 1.17 and 1.24 of Regulation (EC) No 2073/2005
2.1.4	Live bivalve molluscs, echinoderms, tunicates and snails	Algentoxins	Annex III, Section VII, Chapter V, point 2 of Regulation (EC) No 853/2004
2.1.5	Fishery products of fish species in which a high content of histidine Occurs *)	Histamine	Annex I, Chapter I, point 1.25, of the Regulation (EC) No 2073/2005
2.1.6	Fishery products which an enzymatic Maturation process in saline solution subjected to and produced from fish species in which a high content of histidine occurs *)	Histamine	Annex I, Chapter I, point 1.26, of the Regulation (EC) No 2073/2005

*)

Especially fish species of the families Scombridae, Clupeidae, Engraulidae, Coryfenidae, Pomatomidae and Scombraesosidae.

2.2

An investigation into volatile base nitrogen (TVB-N) may be carried out in the case of fresh or frozen fishery products for the purpose of securing evidence if the previous sensory study under Chapter I (3) has a different Findings have been provided. The investigation shall be carried out in accordance with the requirements of Annex II, Section II, Chapters II and III of Regulation (EC) No 2074/2005.

2.3

Investigation of algae oxineThe examination referred to in point 2.1.4 on algal oxins shall be carried out in accordance with the measures laid down in Annex III to Regulation (EC) No 2074/2005. For the sampling, the general requirements for the inspection of goods shall apply in accordance with Chapter I, point 3.

3.

Sample plateThe laboratory tests referred to in point 2.1 shall be subject to consignments imported through a border inspection post, subject to Chapter I, point 6

3.1

a lot of each 10, as specified in 2.1.1. Consignment,

3.2

in accordance with points 2.1.2 and 2.1.3, a lot of each 20. Consignment,

3.3

according to point 2.1.4, a lot of each 30. Consignment,

3.4

a lot of each 20, according to point 2.1.5. Consignment and

3.5

a lot of each 5, according to item 2.1.6. To be submitted. The consignments shall be selected in a manner which is not foreseeable for the entry into force.

4.

In addition, in the event of a suspicion, all the studies necessary for the import capability shall be carried out.

5.

In the event of non-compliance with the provisions on food law, the competent authority shall order the measures referred to in Article 19 (1) (a) of Regulation (EC) No 882/2004.

Chapter VI

Special requirements for the product inspection of egg products

In addition to the general requirements for the product investigation referred to in Chapter I, the following laboratory tests shall be carried out:

1.

Laboratory testing

Product type of requirements to be met in accordance with

Egg products *)	Salmonella	Annex I, Chapter I, point 1.14 of Regulation (EC) No 2073/2005

*)

Except in the case of products for which a salmonella risk is excluded on the basis of the manufacturing process or composition.

2.

Sample plateThe laboratory examination referred to in point 1 shall be a consignment of each 10. To submit the shipment of egg products.

3.

In addition, any investigation necessary for the import capability shall be carried out in each case.

4.

In the event of non-compliance with the provisions on food law, the competent authority shall order the measures referred to in Article 19 (1) (a) of Regulation (EC) No 882/2004.

Chapter VII

Special requirements for the product investigation of gelatine and collagen

In addition to the general requirements for the product investigation referred to in Chapter I, the following laboratory tests shall be carried out:

1.

Laboratory testing

Product type of requirements to be met in accordance with

Gelatin, collagen	Salmonella	Annex I, Chapter I, point 1.10 of Regulation (EC) No 2073/2005

2.

Subject to sampling, subject to Chapter I, point 6 is a lot of each 10. To submit a laboratory examination in accordance with point 1.

3.

In addition, in the event of a suspicion, all the studies necessary for the import capability shall be carried out.

4.

In the event of non-compliance with the provisions on food law, the competent authority shall order the measures referred to in Article 19 (1) (a) of Regulation (EC) No 882/2004.

Chapter VIII

Special requirements for the material inspection of honey

In addition to the general requirements for the product investigation referred to in Chapter I, the following laboratory tests shall be carried out:

1.

Laboratory examination of pesticides, substances with a pharmacological effect and heavy metals.

2.

Subject to sampling, subject to Chapter I, point 6 is a lot of each 10. To submit a laboratory examination in accordance with point 1.

3.

In addition, in the event of a suspicion, all the studies necessary for the import capability shall be carried out.

4.

In the event of non-compliance with the provisions on food law, the competent authority shall order the measures referred to in Article 19 (1) (a) of Regulation (EC) No 882/2004.

Unofficial table of contents

Appendix 5 (to § 17a (2) sentence 1)

(Fundstelle: BGBl. I 2011, 2401)

List
pursuant to the first subparagraph of Article 4 (3) of Regulation (EC) No 1135/2009
Control bodies designated for food in Germany

Land-designated border inspection posts

Baden-Württemberg	Border Control Point (GKS) Stuttgart (airport)
Bavaria	GKS Munich (airport)
Berlin	GKS Berlin-Tegel (Airport)
Brandenburg	GKS Schönefeld (airport)
Bremen	GKS Bremen (port), GKS Bremerhaven (port)
Hamburg	GKS Hamburg (port), GKS Hamburg (airport)
Hesse	GKS Frankfurt/Main (Airport)
Lower Saxony	GKS Cuxhaven (port), GKS Hannover-Langenhagen (Airport)
North Rhine-Westphalia	GKS Düsseldorf (airport), GKS Cologne (airport)
Rhineland-Palatinate	GKS Hahn (airport)
Saxony	GKS Leipzig/Halle (Airport)

Unofficial table of contents

Annex 6 (to section 17b (2), first sentence, and (3), first sentence, point 1)

(Fundstelle: BGBl. I 2011, p. 2402)

List
, pursuant to Article 5 (4) of Regulation (EU) No 258/2010
Inspection bodies designated for food in Germany

Land-designated inspection bodies for food

Baden-Württemberg	Border inspection post (GKS) Stuttgart (airport), District Office of Konstanz
Bavaria	GKS München (Airport) (Landratsamt Erding, Bajuwarenstraße 3, 85435 Erding)
Berlin	GKS Berlin-Tegel (Airport)
Brandenburg	GKS Schönefeld (airport)
Bremen	GKS Bremen (port), GKS Bremerhaven (port)
Hamburg	GKS Hamburg (port), GKS Hamburg (airport)
Hesse	GKS Frankfurt/Main (Airport)
Lower Saxony	GKS Cuxhaven (port), GKS Hannover-Langenhagen (Airport)
North Rhine-Westphalia	GKS Düsseldorf (airport), GKS Cologne (airport)
Rhineland-Palatinate	GKS Hahn (airport)
Saxony	GKS Leipzig/Halle (Airport)