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Decision on exports of animals and products of animal origin

Original Language Title: Besluit uitvoer dieren en produkten van dierlijke oorsprong

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Decision of 27 January 1994 concerning the designation of animals and products of animal origin for the purposes of implementation of Articles 78 and 111 of the Health and Welfare Act for animals outside the Netherlands

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

On the nomination of the Secretary of State for Agriculture, Nature Management and Fisheries of 18 October 1993, No. J. 9315932, Directorate-General for Legal and Business Organisational Affairs;

Having regard to Directive No 80 /215/EEC -of the Council of the European Communities of 22 January 1980 on animal health problems relating to intraCommunity trade in meat products ( PbEG L 47), on Directive No 88 /407/EEC -of the Council of the European Communities of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of deepfrozen semen of domestic animals of the bovine species ( PbEG L 194), Directive No 88 /657/EEC -of the Council of the European Communities of 14 December 1988 laying down requirements for the production of and trade in minced meat, meat in pieces of less than 100 grams and meat preparations and amending the Directives 64 /433/EEC , 71 /118/EEC and 72 /462/EEC ( PbEG L 382), on Directive No 90 /429/EEC -of the Council of the European Communities of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species ( PbEG L 224), on Directive No 90 /539/EEC -of the Council of the European Communities of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs ( PbEG L 303), on Directive No 90 /667/EEC to the Council of the European Communities of 27 November 1990 laying down the health conditions for the disposal of animal waste, for the placing on the market of animal waste and for the prevention of the presence of animal waste Pathogens in feed of animal origin (including fish) and amending Directive 90 /425/EEC ( PbEG L 363), Directive No 91 /67/EEC of the Council of the European Communities of 28 January 1991 on the animal health conditions governing the placing on the market of aquaculture animals and products ( PbEG L 46), on Directive No 91 /494/EEC -of the Council of the European Communities of 26 June 1991 on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultrymeat ( PbEG L 268), on Directive No 91 /495/EEC of the Council of the European Communities of 27 November 1991 concerning animal health and animal health conditions governing the production and placing on the market of rabbit meat and farmed game meat ( PbEG L 268), on Directive No 92 /45/EEC of 16 June 1992 on the public health and animal health conditions governing the killing of wild game and the placing on the market of wild game meat ( PbEG L 268), on Directive No 92 /65/EEC to the Council of the European Communities of 13 July 1992 laying down the animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos subject to the conditions of application of the no specific Community legislation as referred to in Annex A (I), of Directive 90 /425/EEC is applicable ( PbEG L 268) and on Directive No 92 /118/EEC Of the Council of the European Communities of 17 December 1992 laying down the animal health and public health conditions governing trade in and imports into the Community of products subject to these rules no specific Community legislation applies as referred to in Annex A, Chapter I, of Directive 89 /662/EEC , and with regard to pathogens, from Directive 90 /425/EEC ( PbEG L 62);

Having regard to the Articles 78 and 111 of the Health and Welfare Act for animals ;

Having regard to the opinion of the Council on Animal Affairs, the Agricultural and Poultry and Eggs Products, the 'Fish and Fish Products' and the 'Trade and Fish Products' products and the 'Pluimstocking' and 'trade' industry;

The Council of State heard (opinion delivered on 30 November 1993, No W11.93.0693);

Having regard to the further report of the Secretary of State for Agriculture, Nature Management and Fisheries of 17 January 1994, No. J. 9319649, Directorate-General for Legal and Business Organisational Affairs;

Have found good and understand:


Article 1

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For the purpose of this Decision:

  • a. Directive No 2009 /158/EC: Directive No Council of the European Union of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (PbEU L 343);

  • b. Directive No 2006 /88/EC: Directive No 2006 /88/EC of the Council of the European Communities of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (PbEG) L 328);

  • c. Directive 92 /65/EEC : Directive No 92 /65/EEC to the Council of the European Communities of 13 July 1992 laying down the animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos subject to the conditions of application of the no specific Community legislation as referred to in Annex A (I), of Directive 90 /425/EEC is applicable ( PbEG L 268);

  • d. Act: Animal health and welfare law .


Article 2

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Our Minister may bring it otherwise than in transit outside the Netherlands from:

  • Animals of species and categories of:

  • Aquaculture animals referred to in Article 3, first paragraph, (b) of Directive No Directive 2006 /88/EC, except the animals referred to in Article 2, first paragraph, of this Directive, or

  • (c) products of animal origin and products of non-kept animals referred to in the Articles of the Regulations and Directives set out in the Annex to this Decision,

prohibit unless the consignment in accordance with the rules laid down by Our Minister has one or more marks and is accompanied by one or more supporting documents issued on the basis of one or more of the following documents examination, to be carried out in accordance with the conditions laid down by our Minister for the purpose of exportation.


Article 2a [ Expat per 01-01-2006]

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Article 3

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  • 1 A modification of one or more elements of the Directives, mentioned in Article 2, points (a) to (c) , for the purposes of applying that article, which refers to the Directive or Directives which have been amended, shall enter into force from the date on which the relevant amending Directive is to be implemented at the latest.

  • 2 Our Minister makes communication in the Official Gazette of a change referred to in the first paragraph.


Article 4

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This Decision is referred to as: Decision on exports of animals and products of animal origin.


Article 5

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This Decision shall enter into force on a date to be determined by Royal Decree.

Burden and order that this Decision, together with the accompanying note of explanatory note to the State Sheet will be placed.

' s-Gravenhage, 27 January 1994

Beatrix

The Secretary of State for Agriculture, Nature Management and Fisheries,

J. D. Gabor

Published on 5 March 1994

The Minister of Justice,

E. M. H. Hirsch Ballin


Annex to Article 2 (c)

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  • -Article 2, part A , from Directive No 88 /407/EEC -of the Council of the European Communities of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of deepfrozen semen of domestic animals of the bovine species ( PbEG L 194)

  • -Article 2, second subparagraph, of Directive No 90 /429/EEC -of the Council of the European Communities of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species ( PbEG L 224)

  • -Article 2, second paragraph, of Directive No 2009 /158/EC of the Council of the European Union of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs ( PbEU L 343 )

  • -the articles of Directive No 2006 /88/EC of the Council of the European Communities of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (PbEG L 328)

  • -Article 1, first subparagraph, of Directive No 92 /65/EEC to the Council of the European Communities of 13 July 1992 laying down the animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos subject to the conditions of application of the no specific Community legislation as referred to in Annex A (I), of Directive 90 /425/EEC is applicable ( PbEG L 268)

  • -Article 1, first subparagraph, of Directive No 92 /118/EEC Of the Council of the European Communities of 17 December 1992 laying down the animal health and public health conditions governing trade in and imports into the Community of products subject to these rules no specific Community legislation applies as referred to in Annex A, Chapter I, of Directive 89 /662/EEC , and, as regards pathogens, from Directive 90 /425/EEC ( PbEG L 62)

  • -Article 3, Part 1, of Regulation (EC) No 1069/2009 of the European Parliament and of the Council of the European Union of 21 October 2009 laying down health rules concerning animal by-products not intended for human consumption and Products derived from and repealing Regulation (EC) No 1428/EC 1774/2002 (PbEU L 300)

  • -Article 2, part 4, of Directive No 2002 /99/EC of 16 December 2002 of the Council of the European Union, laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption origin (PbEU L 18).