Key Benefits:
Decision of 4 June 2003 on the award of fees under the Warenwet (WarenwetDecree fees veterinary checks)
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 Health, Welfare and Sport of 18 April 2003, attribute VGB/VBL 2369966, acting in accordance with our Minister for Economic Affairs and the Secretary of State for Agriculture, Nature Management and Fisheries;
Having regard to the provisions of Articles 1, 2 and 4 of Directive No 85 /73/EEC of the Council of the European Union of 29 January 1985 on the financing of inspections and veterinary checks provided for in the Directives 89 /662/EEC , 90 /425/EEC , 90 /675/EEC and 91 /496/EEC (amended and codified) (PbEC 1996, L 162) and on the Articles 13 and 33 of the Warenwet ;
The Council of State heard (opinion of 15 May 2003, No W13.03.0148/III);
Having regard to the further report of Our Minister of Health, Welfare and Sport of 3 June 2003, VGB/VBL 2382013, released in accordance with Our Minister of Economic Affairs and Our Minister of Agriculture, Nature Management and Fisheries;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
a. NVWA: Dutch Food and Warenlicensing Authority;
b. Directive No 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) No 852/2004 : Regulation (EC) 852/2004 from the European Parliament and the Council of the European Union of 29 April 2004 on the hygiene of foodstuffs (PbEU L 139 and 226);
ed. Regulation (EC) No 854/2004 : Regulation (EC) 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 (PbEU) L 139 and L 226);
e. Directive No 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 products thereof and to withdraw the animal Directives 85 /358/EEC and 86 /469/EEC and Decisions 89 /187/EEC and 91 /664/EEC (PbEG L 125);
f. Regulation (EC) No 882/2004 : Regulation (EC) 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 (PbEU L 165 and 191);
g. 'Interested in charge': natural or legal person who, in accordance with the requirements of Regulation (EU) No 95 2/2013 of the European Parliament and of the Council of 9 October 2013 establishing the Union Customs Code (PbEU 2013, L 269) is responsible for the conduct of the situations referred to in that Regulation in which the Party may be in place, as well as the representative referred to in Article 18 of that Regulation, who takes on the responsibility with regard to the consequences of the Directive No 97 /78/EC statutory audits;
Fishery products: products referred to in Annex I, Section 3.1, of Regulation (EC) 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 (PbEU L 139 and L 226);
Aquaculture products: fishery products produced and raised from eggs under conditions controlled by man, until they are placed on the market as an edible fish, marine and freshwater fish or marine and freshwater crustaceans, the juvenile stage have been caught in their natural environment and are raised until they have reached the desired size to be disposed of for human consumption, except fish and crustaceans of suitable for trade, which are captured in their natural environment and kept alive to be at a later date shall be sold and kept alive in fishing ponds only and do not seek to increase their size or weight;
Bivalve molluscs: molluscs as referred to in Annex I, Section 2.1, of Regulation (EC) No 853/2004 ;
k. lot of fishery products: a quantity of fishery products obtained under virtually identical conditions;
(l) 'captain' means the person who lands a batch of fishery products;
Products of animal origin: products referred to in point (a) of Article 2, second paragraph, of Directive 97 /78/EC ;
n. imports: the release for free circulation of products of animal origin and other food and drink products and their intention to release for free circulation products of animal origin and other eating and drinking products within the meaning of Article 201 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (PbEU 2013, L 269);
o. packing centre: company as referred to in Article 1, ninth paragraph, of Regulation (EEC) 1907/90 of the Council of the European Communities of 26 June 1990 on certain marketing standards for eggs (PbEG L 173);
p. official control: verification as referred to in Article 2 (1) of Regulation (EC) No 882/2004 ;
q. additional official control: additional official control as referred to in Article 28 of this Regulation. Regulation (EC) No 882/2004 ;
Regulation (EC) No 110/2008: Regulation (EC) No 1408/2008 Decision No 110/2008 of the European Parliament and of the Council of the European Union of 15 January 2008 (PbEU L 39) on the definition, description, presentation, labelling and protection of the geographical indications of spirit drinks, and repealing Regulation (EC) No 1428/EC Council Regulation (EEC) No 1576/89;
s. export declaration: a written declaration on goods produced in a company intended for export to a third country;
t. the COKZ: the Central Orts Foundation for Quality Issues in the Purge;
u. recipient of farm milk: natural or legal person receiving, on an annual basis, 500 000 kg or more farm milk business from one or more dairy farmers established in the Netherlands and payments to the dairy farmers concerned. With the exception of farm dairy products.
1 The person concerned in the load shall pay a fee to the NVWA for any of the following: Article 2 of the Department of Veterinary Controls (third countries) prescribed checks on products of animal origin coming from third countries and placed on the territory of the Netherlands with destination and which are carried out in accordance with Articles 4 or 9 of Directive No 97 /78/EC .
2 The person concerned shall pay a fee to the NCA for a fee under Article 22 or 24 of that Regulation. Directive No 97 /78/EC measures taken, in the case of a modified control of products of animal origin coming from third countries brought into the territory of the Netherlands as referred to in those Articles.
3 The person concerned by the cargo is liable to the NVWA for the activities related to the reimportation of products originating in the European Union refused by a third country in the Netherlands as referred to in Article 15 of Directive No 97 /78/EC.
1 The person concerned in the load shall pay a fee to the NVWA for any of the following: Article 4 of the Warenwetdecision Imports of foodstuffs from third countries (i) prescribed checks for certain eating and drinking products from third countries brought into the territory of the Netherlands by destination for import and for which special conditions have been laid down by the European Commission.
2 The person concerned by the cargo shall be liable to the NVWA for an activity as referred to in Article 18, 19, 20 or 21 of Regulation (EC) No 882/2004.
The requestee on the charge shall pay a fee to the NVWA for any of the goods Article 2 of the Department of Veterinary Controls (third countries) prescribed checks on products of animal origin coming from third countries brought into the territory of the Netherlands and intended for use in a third country or for maritime transport facilities.
1 To the NVWA, a fee is payable for work related to the treatment of an under-law. Article 2 of the Department of Veterinary Controls (third countries) submitted an application for approval as a trader referred to in Article 13 (1) (a), of Directive No 97 /78/EC . The fee is payable by the dealer.
2 To the NVWA, a fee is payable for work related to the treatment of an under-law. Article 2 of the Department of Veterinary Controls (third countries) submitted application for approval of a warehouse as referred to in Article 12, paragraph 4, or of a special warehouse in the port of destination, as referred to in Article 13, second paragraph, point (a), of Directive No 97 /78/EC . The fee is payable by the operator or the owner of the warehouse.
3 The operator or the owner of an establishment which makes an application for approval of that establishment under the terms of Article 3, second paragraph, point (a) of the WarenwetDecree on the hygiene of foodstuffs , a fee is payable to NVWA or to the COKZ.
1 To the NVWA, a fee is payable for periodic checks announced by the NVWA prior to compliance with the requirements attached to the approval as a trader as referred to in Article 13 (1) (a). Directive No 97 /78/EC , or to the recognition of a warehouse as intended Article 12, fourth paragraph , or of a special warehouse in the port of destination, as referred to in Article 13, second paragraph, point (a), of Directive No 97 /78/EC Whether or not to the recognition referred to in Article 3, second paragraph, point (a) of the WarenwetDecree on the hygiene of foodstuffs .
2 The fees referred to in paragraph 1 shall be payable by the trader, the operator or the owner, as specified in the first paragraph of this Article. Article 4, third paragraph .
The operator or the owner of a source applying for an authorisation for the operation of that source is intended to be Article 3 of the Commodity Act Packaged , a fee shall be payable to the NVWA.
The operator or the owner of an establishment which makes an application for registration of that establishment under Article 6 of Regulation (EC) No 852/2004 , a fee shall be payable to the NVWA.
1 The leader of a batch of fishery products, other than aquaculture products, shall be liable to the NVWA for a check referred to in Annex III, Chapter I, Section 1 (a) of this Regulation. Regulation (EC) No 854/2004 .
2 The fee referred to in paragraph 1 shall be charged on the first sale, in so far as this sale is on a exit from the Netherlands, or in a facility for fishery products in so far as the lot is directly after landing be transported to a facility for fishery products, or at first landing if the consignment is directly intended for a destination outside the Netherlands.
1 The provider makes an application for a check or work as intended in the Articles 2 , 2a , 3 and 6 , which he wishes to have carried out by the NVWA, in writing at the NVWA.
2 The application referred to in paragraph 1 shall include at least:
a. Types of operations to be carried out;
(b) the species and quantities of goods;
c. the date and time when the business operations are expected to commence, and
d. the date and time when the business operations are expected to end.
3 The NVWA states as a result of the notification:
a. Date and time at which the checks or operations will commence;
b. Date and time at which the checks or operations will end;
(c) the number of persons who will be responsible for carrying out such audits or activities.
4 If the date or time of commencement or termination of checks or work, referred to in paragraph 3, deviates from the date or time according to the application, referred to in the first member, the NVWA shall determine the person who made the application done, in knowledge of this.
5 The first paragraph shall not apply to the control provided for in Article 6, first paragraph , if this check is carried out at first sale at a exit within the Netherlands.
1 The operator, the owner or the representative of the owner of a farm milk recipient shall pay to the NVWA each year a fee for the checks carried out on the basis of Directive 96 /23/EC as regards certain substances and residues thereof, in live animals and in products thereof, as referred to in Article 27 (3) of Regulation (EC) No 882/2004.
2 The operator, the owner or the representative of the owner of an establishment referred to in Annex IV, Chapter 3 of Directive 96 /23/EC, shall be paid a fee for the checks carried out on the basis of Directive 96 /23/EC to the NVWA per year. with regard to certain substances and residues thereof in aquaculture products, as provided for in Article 27 (3) of Regulation (EC) No 882/2004.
3 The packing centres, poultry farmers and egg products manufacturers shall pay to the NVWA each year a fee for checks on the basis of Directive 96 /23/EC in respect of certain substances and residues thereof in live animals and in products of these.
4 The person liable to pay a fee under the first, second and third paragraphs shall, within one month of the end of the year on which payment obligation exists, indicate the quantity of raw milk used as raw material in that year, than the aquaculture products or eggs traded for that year and shall keep a record of them. The register shall be made available for inspection by any person who performs the supervision of this scheme on behalf of the NVWA.
5 If the declaration referred to in paragraph 4 is not received by the NVWA within the period prescribed for that purpose, or is not considered to be reliable in the judgment of the NVWA, the NVWA shall propose the quantity of raw milk used as raw material, whether or not the relevant quantity of traded aquaculture products or eggs is fixed.
The operator or the owner of the establishment, or the person who was in charge of the products at the time of the check, shall pay a fee for an additional official check to the NVWA.
An operator having an interest in a technical dossier as referred to in Article 22 (1) of Regulation (EC) No 110/2008 shall pay a fee to the NVWA for the verification of compliance with the specifications in the technical file.
The operator, the owner or the representative of the owner of an establishment, on whose request the NVWA or the COKZ issued an export certificate, shall be liable to the NAA to pay a fee to the NCA.
The fees shall be provided, upon request to our Minister, forthwith with any information necessary for the implementation of this Decision.
The fees of the fees provided for in this Decision shall be laid down by the arrangements made by our Minister.
1 The rules of our Minister may lay down detailed rules for the proper execution of the Articles 2 to 10 .
2 The rules of our Minister may lay down rules on the payment terms of the fees.
This Decision shall enter into force from the day following the date of issuance of the Official Journal in which it is placed.
This decision is referred to as: WarenwetDecree fees food.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 4 June 2003
Beatrix
The Minister for Health, Welfare and Sport,
J. F. Hoogervorst
Published on the 30th June 2003The Minister of Justice,
J. P. H. Donner
