Commodities Act Decree Inspection Fees Food And Beverages

Original Language Title: Warenwetbesluit retributies levensmiddelen

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Decision of 4 June 2003, establishing fees under the commodities Act (Decree fees veterinary checks) we Beatrix, by the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the proposal of the State Secretary for health, welfare and Sport of 18 april 2003, characteristic VGB/VBL 2369966, acting in accordance with our Minister of Economic Affairs and the State Secretary for agriculture, nature management and fisheries;
Having regard to articles 1, 2 and 4 of Directive 74/60/EEC. 85/73/EEC of the Council of the European Union of 29 January 1985 on the financing of veterinary inspections and controls covered by directives 89/662/EEC, 90/425/EEC, 90/675/EEC and 91/496/EEC (amended and consolidated) (OJ 1996 L 162) and on articles 13 and 33 of the commodities Act;
The State Council heard (opinion of 15 May 2003, nr. W 13.03.0148/III);
Having regard to the further report of our Minister of health, welfare and Sport of 3 June 2003, VGB/2382013 released, VBL in accordance with our Minister of Economic Affairs and our Minister of agriculture, nature management and fisheries;
Have goedgevonden and mean: Article 1 In this decision and the provisions based thereupon, the following definitions shall apply: a. NVWA: Dutch food and consumer product safety authority;
b. Directive 74/60/EEC. 97/78/EC: directive of the Council of the European communities of 18 december 1997 laying down the principles governing the organisation of veterinary checks on products entering the community from third countries (Oj 1998, L 24);
c. Regulation (EC) 852/2004: Council Regulation (EC) No. 852/2004 of the European Parliament and of the Council of the European Union of 29 april 2004 on the hygiene of foodstuffs (Oj L 139, and 226);
d. Council Regulation (EC) 854/2004: Council Regulation (EC) No. 854/2004 of the European Parliament and of the Council of the European Union of 29 april 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (Oj L 139, and L 226);
e. Directive 74/60/EEC. 96/23/EC: directive of the Council of the European communities of 29 april 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing directives 85/358/EEC and 86/469/EEC and decisions 89/187/EEC and 91/664/EEC (OJ L 125);
f. Regulation (EC) 882/2004: Council Regulation (EC) No. 882/2004 of the European Parliament and of the Council of the European Union of 29 april 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (Oj L 165 and 191);
g. person responsible for the load: natural or legal person who, in accordance with the requirements of Regulation (EU) No. 952/2013 of the European Parliament and of the Council of 9 October 2013 establishing the customs code of the European Union (Ojeu 2013, L 269) is responsible for the conduct of the situations referred to in that regulation in which the party may find themselves, as well as the representative referred to in article 18 of that regulation, which takes responsibility with regard to the impact of the Directive 74/60/EEC. 97/78/EC regulatory controls;
h. fishery products» means products referred to in annex I, part 3.1 of Regulation (EC) No. 853/2004 of the European Parliament and of the Council of the European Union of 29 april 2004 laying down specific hygiene rules for food of animal origin (Oj L 139, and L 226);
i. aquaculture products ' means any fishery product which under controlled conditions by the man born and grown until they are placed on the market as fresh products, sea and freshwater fish or marine and freshwater shellfish that in the juvenile stage in their natural environment are captured and are grown until they have reached the desired size to be marketed for human consumption, with the exception of fish and shellfish of professionally suitable size , which are caught in their natural environment and are kept alive to be sold at a later date and that are kept alive only in fish ponds and which do not seek to increase their size or weight;
j. bivalve molluscs: molluscs referred to in annex I, part 2.1 of Regulation (EC) 853/2004;
k. party fishing products: a quantity of fishery products obtained under practically identical circumstances;
l. Captain: the one who lands a party of fishery products;
m. products of animal origin: products referred to in article 2, paragraph 2 (a) of Directive 97/78/EC;
n. entry: the free circulation of products of animal origin and other food, drink, as well as the intention to free circulation of products of animal origin and other food and beverage were within the meaning of article 201 of Regulation (EU) No. 952/2013 of the European Parliament and of the Council of 9 October 2013 establishing the customs code of the European Union (Ojeu 2013, L 269);
o. packing centre: company as referred to in article 1, ninth paragraph, of Council Regulation (EEC) no 1907/90 the Council of the European communities of 26 June 1990 on certain marketing standards for eggs (OJ L 173);
p. official control: control referred to in article 2 1 of Council Regulation (EC) 882/2004;
q. additional official control: additional official controls referred to in article 28 of Regulation (EC) 882/2004;
r. Regulation (EC) 110/2008: Council Regulation (EC) No. 110/2008 of the European Parliament and of the Council of the European Union (Ojeu L 39) of 15 January 2008 on the definition, description, presentation, labelling and protection of geographical indications of spirit drinks and repealing Council Regulation (EC) no 1576/89;
s. export statement: a written declaration on in a company produced were intended for export to a third country;
t. the COKZ: the Foundation central body for quality issues in the Dairy;
you. recipient of raw milk: the natural or legal person, on an annual basis, 500,000 kg or more receive one or more raw milk business in Netherlands-based dairy farmers and dairy farmers on this issue to the appropriate payments, with the exception of boerderijzuivelbereiders.

Article 2 1 the person responsible for the load to the NVWA a fee due for a under article 2 of the veterinary checks regime commodities Act (third countries) prescribed control of products of animal origin from third countries are placed on the Dutch territory with destination input and which takes place in accordance with article 4 or 9 of Directive 74/60/EEC. 97/78/EC.
2 the person responsible for the load to the NVWA a fee due for a on the basis of article 22 or 24 of Directive 74/60/EEC. 97/78/EC measure, if it is a custom control of products of animal origin from third countries who are brought on Dutch territory as referred to in those articles.
3 the person responsible for the load is a fee payable to the NVWA for the activities associated with the reimportation of a rejected party by a third country products coming from the European Union in Netherlands as referred to in article 15 of Directive 74/60/EEC. 97/78/EC.

Article 2a 1 the person responsible for the load to the NVWA a fee due for a on the basis of article 4 of the Decree prescribed control Imports food from third countries of certain food and beverage were coming from third countries appearing on Dutch territory with destination input and for which special conditions are laid down by the European Commission.
2 the person responsible for the load to the NVWA a fee due for an activity referred to in article 18, 19, 20 or 21 of Regulation (EC) 882/2004.

Article 3 the person responsible for the load to the NVWA a fee due for a on the basis of article 2 of the veterinary checks regime commodities Act (third countries) prescribed control of products of animal origin from third countries and intended for Dutch territory to a third country or for sea transport Board.

Article 4 1 the NVWA is a fee due for work on the treatment of a under article 2 of the veterinary checks regime commodities Act (third countries) filed application for approval as a merchant referred to in article 13, first paragraph, (a) of Directive 74/60/EEC. 97/78/EC. The fee is payable by the merchant.
2 to the NVWA is a fee due for work on the treatment of a under article 2 of the veterinary checks regime commodities Act (third countries) submitted application for recognition of a warehouse as referred to in article 12, paragraph 4, or by a special warehouse in the port of destination, as referred to in article 13, second paragraph, point (a) , to Directive 74/60/EEC. 97/78/EC. The fee is payable by the operator or the owner of the warehouse.
3 the operator or owner of a facility that makes a request for recognition of that establishment in the context of article 3, paragraph 2 (a) of the commodities Act Decree hygiene of food, is a fee payable to the NVWA or the COKZ.

Article 4a [expired per 01-04-2006] article 4b [expired per 01-04-2006] article 5


1 to the NVWA is a fee due for previously announced and recorded by the NVWA periodic checks on compliance with the requirements related to the approval as a merchant referred to in article 13, first paragraph, (a) of Directive 74/60/EEC. 97/78/EC, or to the recognition of a warehouse as referred to in article 12, paragraph 4, or by a special warehouse in the port of destination, as referred to in article 13, second paragraph, (a) of Directive 74/60/EEC. 97/78/EC or to the recognition referred to in article 3, paragraph 2 (a) of the commodities Act Decree hygiene of foodstuffs.
2 the fee referred to in paragraph 1, shall be payable by the trader, the operator or the owner referred to in article 4, paragraph 3.

Article 5a the operator or owner of a resource that is seeking authorisation for the operation of that source, referred to in article 3 of the Decree Packaged waters, is a fee payable to the VWA.

Article 5b the operator or owner of a facility that makes a request for registration of that establishment in the framework of article 6 of Regulation (EC) 852/2004, is a fee payable to the VWA.

Article 6 1 the leader of a party fishery products, other than aquaculture products, is a fee due for a control to the NVWA as referred to in annex III, chapter I, part 1, (a) of Regulation (EC) 854/2004.
2 the fee referred to in paragraph 1, is levied at first sale as far as this sale on an exit within Netherlands takes place, or a device for fishery products as far as the party is transported directly to a device directly after landing for fishery products, or if the first landing party directly intended for a destination outside Netherlands.

Article 7 [expired per 01-04-2006] article 8 1 the provider does a request for a check or activities referred to in articles 2, 2a, 3 and 6, which he would like to have them carried out by the NVWA, writing to the NVWA.
2 The request referred to in paragraph 1, shall include at least: a. the types of operations to be carried out;
b. the kinds and quantities of goods;
c. the date and time when the business activities are expected to commence, and d. the date and time when the business activities are expected to end up.
3 The NVWA sets following the message: a. date and time when the checks or work will commence;
b. date and time when the checks or work will end up;
c. the number of people who are carrying out these checks or work will be charge.
4 If the date or time of commencement or termination of the controls or activities referred to in the third paragraph, differs from the date or the time according to the request referred to in paragraph 1, the person who has made the request, NVWA accordingly.
5 the first paragraph shall not apply to the control referred to in article 6, paragraph 1, if this verification takes place at first sale on an exit within Netherlands.

Article 9 1 the operator, the owner or representative of the owner of a receiver of raw milk is a fee due for each year to the VWA checks pursuant to Council Directive 96/23/EC to monitor certain substances and residues thereof in live animals and animal products referred to in article 27, paragraph 3, of Regulation (EC) 882/2004.
2 the operator, the owner or representative of the owner of an establishment as referred to in annex IV, Chapter 3, of Directive 96/23/EC, is a fee due for each year to the VWA checks pursuant to Council Directive 96/23/EC to monitor certain substances and residues thereof in aquaculture products referred to in article 27, third paragraph of Regulation (EC) 882/2004.
3 packing centres, poultry farmers and eiproductfabrikanten to the NVWA a fee due for each year the checks pursuant to Council Directive 96/23/EC to monitor certain substances and residues thereof in live animals and animal products.
4 the one which, under the first, second and third member a fee is payable, the NVWA within one month after the end of the year for which payment is compulsory, indication of the amount of raw milk used as raw material in that year, or the amount of aquaculture products traded in that year or eggs and keeps to a register. This register shall be laid open for inspection to any person on behalf of the NVWA checking this arrangement.
5 If the Declaration referred to in paragraph 4 within the period specified by the, not NVWA is received, or in the view of the NVWA is not reliable, the amount of the relevant NVWA as raw material raw milk used, or the corresponding quantity traded aquaculture products or eggs.

Article 9a the operator or the owner of the establishment, or the one that the products at the time of the control led is for a a fee due to the additional official control NVWA.

Article 9b the operator who has an interest in the technical file referred to in article 22, paragraph 1, of Regulation (EC) 110/2008, is a fee payable for the verification to the NVWA compliance with the specifications in the technical file.

Article 9 c the operator, the owner or representative of the owner of an establishment who requested the NVWA or issued an export declaration COKZ is a fee payable to the NVWA respectively the COKZ.

Article 10 Retributieplichtigen shall, on request, to the Minister, at once all the information for the implementation of this decision.

Article 11 the rates of fees referred to in this decision, shall be established by regulation of the Minister.

Article 12 1 At arrangement of our Minister can further rules in order to ensure the proper implementation of articles 2 to 10.
2 In control of our Minister can rules regarding the terms of payment of the fees.

Article 12a [expired per 19-02-2016] article 13 this decision shall enter into force with effect from the day following the date of issuance of the Official Gazette in which it is placed.

Article 14 this decision is cited as: Decree inspection fees food and beverages.
Charges and recommended that this decision with the corresponding note of explanation in the Official Gazette will be placed.
The Hague, 4 June 2003 Beatrix the Minister of health, welfare and Sport, j. f. Hamilton Issued the 30th June 2003, the Minister of Justice, j. p. h. Donner

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