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Animal health rules for trade in animal products

Original Language Title: Regeling veterinairrechtelijke voorschriften handel dierlijke producten

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Regulation of the Minister for Agriculture, Nature and Food Quality of 12 December 2005, No TRCJZ/2005/3649 laying down animal health rules governing the trade in animal products (rules on animal health rules trade in animal products)

The Minister of Agriculture, Nature and Food Quality,

Having regard to:

- Directive No 89 /662/EEC of the Council of the European Communities of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (PbEG L 395),

- Directive No 90 /425/EEC -of the Council of the European Communities of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (PbEG L 224);

- 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);

- Directive No 97 /78/EC of the Council of the European Union of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (PbEG L 24),

- Regulation (EC) 999/2001 of the European Parliament and of the Council of the European Union of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (PbEG L 147);

- Regulation (EC) 1774/2002 of the European Parliament and of the Council of the European Union of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (PbEG L 273);

- Directive No 2002 /99/EC to the Council of the European Union of 16 December 2002 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);

- Directive No 2004 /41/EC of the European Parliament and of the Council of the European Union of 21 April 2004 (PbEU L 157) repealing certain directives on food hygiene and laying down health rules for the production and placing on the market the placing of certain products of animal origin intended for human consumption, and amending the Directives 89 /662/EEC and 92 /118/EEC of the Council and of Decision 95 /408/EC of the Council;

- 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);

Having regard to the Articles 10 and 11 of the Animal Health and Welfare Act, The Articles 2 , 3 , 4 and 5 of the Decision concerning the placing on the market of animals and products and the application of measures to animals and products in the Netherlands and Article 2 (b) of the Decision on exports of animals and products of animal origin ;

Decision:

Title 1. General

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§ 1.1. Definitions

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Article 1.1.1

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  • The following definitions shall apply:

    • a. Directive No 89 /662/EEC: Directive No 89 /662/EEC of the Council of the European Communities of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (PbEG L 395);

    • b. Directive No 90 /425/EC: Directive No 90 /425/EEC of the Council of the European Communities of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the establishment of the internal market (PbEG L 224);

    • (c) Directive No 92 /118/EEC: 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 for which they are subject to such conditions. rules are not subject to specific Community rules referred to in Chapter I of Annex A to Directive 89 /662/EEC and, as regards pathogens, to Directive 90 /425/EEC (PbEG L 62);

    • d. Directive No 97 /78/EC: Directive No 97 /78/EC of the Council of the European Union of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (PbEG L 24);

    • e. 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);

    • f. Regulation (EC) No Regulation (EC) No 999/2001: Regulation (EC) European Parliament and the Council of the European Union of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (PbEG L 147);

    • g. Regulation (EC) No Date of adoption of Regulation (EC) No 178/2002: European Parliament and the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing a European Food Safety Authority and up to laying down procedures for food safety matters (PbEG L 31);

    • (h) Regulation (EC) Regulation (EC) No 1069/2009 Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules concerning animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1069/2009 1774/2002 (PbEU L 300);

    • i. Directive No 2002 /99/EC: Directive No Council Decision 2002 /99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products intended for human consumption from the European Union animal origin (PbEU L 18);

    • j. Regulation (EC) No Regulation (EC) No 882/2004: Regulation (EC) European Parliament and 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),

    • Regulation (EC) No 324/EC Regulation (EC) No 852/2004: No 852/2004 of the European Parliament and of the Council of the European Union of 29 April 2004 on the hygiene of foodstuffs (PbEU L 226);

    • (EC) No Regulation (EC) No 853/2004 of the European Union 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 (PbEU L 226).


Article 1.1.2

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For the purposes of this arrangement:

  • a. Community measure: Regulation, Directive or Decision as referred to in Article 249 of the EC Treaty as regards the prevention or control of animal diseases, and related issues;

  • (b) Community implementation measure: Regulation, Directive or Decision referred to in Article 249 of the EC Treaty adopted under a Community measure referred to in Article 249 of the EC Treaty. Article 1.1.1 .

  • c. Minister: Minister for Economic Affairs;

  • d. Act: Animal health and welfare law .


§ 1.2. Competent authority

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Article 1.2.1

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  • 1 The competent authority, referred to in a Community measure, mentioned in: Article 1.1.1 , and in a Community implementation measure, the Minister is.

  • 2 By way of derogation from paragraph 1, where a Community measure instructs the competent authority to carry out a task which does not exist in the adoption of a decision, the competent authority shall be the Netherlands Food and Warenauthority.

  • 3 The official veterinarian, referred to in a Community implementation measure, is a veterinarian, attached to the Dutch Food and Warenauthority.


§ 1.3. Community implementing measures

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Article 1.3.1

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Where a Community implementing measure is referred to in a provision of this scheme, but no such Community implementing measure applies in respect of a product, animal or object, the application of that measure shall be there is compliance with the relevant provision of this scheme in respect of the product, animal or article concerned.


Article 1.3.2

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A Community implementing measure, or a change thereof, shall enter into force for the purposes of this Arrangement from the date on which it is to be implemented at the latest, or failing that, the day on which the measure is to be implemented. 3.


Article 1.3.3

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References To Under Directive No 2002 /99/EC Community implementing measures shall also be construed as references to:

  • (a) Community implementing measures, established in whole or in part with regard to products of animal origin pursuant to:

    • 1 °. Directive No 72 /461/EEC of the Council of the European Communities of 12 December 1972 on animal health problems in intra-Community trade in fresh meat (PbEG L 302);

    • 2 °. Directive No 72 /462/EEC -of the Council of the European Communities of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (PbEG L) 194);

    • 3 °. Directive No 80 /215/EEC of the Council of the European Communities of 22 January 1980 on animal health problems in intra-Community trade in meat products (PbEG L 47);

    • 4 °. Directive No 91 /494/EEC to 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);

    • 5 °. Directive No 91 /495/EEC of the Council of the European Communities of 27 November 1990 concerning animal health and animal health conditions governing the production and placing on the market of rabbit meat and farmed game meat (PbEG 1991, L 268);

    • 6 °. Directive No 92 /45/EEC of 16 June 1992 on 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),

    • 7 °. Directive No 92 /46/EEC the Council of the European Communities of 16 June 1992 laying down the health conditions for the production and placing on the market of raw milk, heat-treated milk and milk-based products (PbEG L 268);

    • 8 °. Directive No 94 /65/EC of the Council of the European Union of 14 December 1994 laying down requirements for the production and placing on the market of minced meat and meat preparations (PbEG L 368);

  • (b) transitional measures imposed by a third paragraph of Article 13 Directive No 2002 /99/EC The Community implementing measure adopted.


§ 1.4. Other general provisions

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Article 1.4.1

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The following shall be carried out in and outside the Netherlands of products from, in the case of, Norway, as follows:

  • (a) the provisions on trade with third countries do not apply;

  • (b) the provisions relating to intra-Community trade of equivalent application.

Title 2. Material requirements

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Chapter 2.1. General rules on products intended for human consumption

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§ 2.1.1. Intra-Community

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Article 2.1.1.1

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  • 1 It shall be prohibited to produce a product of animal origin intended for human consumption as referred to in Article 2 (4) of this Regulation. Directive No 2002 /99/EC :

    • (a) to be brought in the Netherlands from a Member State;

    • to produce, to be processed in the Netherlands, to be processed, to be placed on the market;

    • c. to bring it otherwise than in transit outside the Netherlands into a Member State.

  • 2 The prohibition provided for in paragraph 1 shall not apply if the prohibition of the 2.1.1.2 to 2.1.1.4 .

  • 3 This paragraph shall apply mutatis mutandis to live animals which are intended for human consumption.


Article 2.1.1.2

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The product shall be obtained from animals in respect of which each of the following conditions is satisfied:

  • (a) Community measures in respect of the species concerned have been complied with;

  • (b) the animal comes from a holding, an establishment, a territory or a part thereof, in respect of which no control measures have been taken in respect of the species and products concerned on the basis of a Community measure, mentioned in Annex I to Directive No 2002 /99/EC .


Article 2.1.1.3

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Meat and meat products have not been obtained from animals killed in an establishment where, at the time of slaughter or during production, animals, or carcasses or parts thereof, who were infected or suspected of being infected with a disease Disease in respect of which a control measure has been taken on the basis of a Community measure listed in Annex I to this Regulation. Directive No 2002 /99/EC .


Article 2.1.1.4

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Aquaculture products and aquaculture animals from which aquaculture products originate comply with the provisions of Directive No 3. Regulation 2006 /88/EC and requirements set out in Article 4, second paragraph, of Directive No 2002 /99/EC Community implementing measures.


Article 2.1.1.5

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  • 1 The prohibition, intended to Article 2.1.1.1 in connection with the 2.1.1.2 to 2.1.1.4 , does not apply to products coming from a territory or part of a territory subject to restrictive measures for animal health reasons, but not from a holding which is infected or in respect of which it is subject to restrictions on the import of products from which the animal has been which is suspected, if the Minister has granted a licence for production, processing operations of those products.

  • 2 The authorisation referred to in paragraph 1 shall be granted if all of the following conditions are fulfilled:

    • a. The product has undergone a treatment sufficient to eliminate the animal health risk and complies with Annex III to this Regulation. Directive No 2002 /99/EC ;

    • b. Prior to treatment, as referred to in paragraph (a), the product shall be:

      • 1. in the case of treatment, manufacture, handling, transport and storage, in time or space, kept separate from products which do comply with Community measures;

      • 2 °. duly identified in accordance with Annex II to Directive No 2002 /99/EC ;

    • (c) the treatment referred to in subparagraph (a) shall be carried out in an establishment approved for that purpose by:

      • 1 °. the Minister, where the territory is referred to in Part (a), the Netherlands, or otherwise

      • 2 °. the competent authority in respect of the territory referred to in the first paragraph;

    • (d) the transport of the product outside the territory subject to restrictive measures for animal health reasons shall be such as to ensure that no animal health risk exists;

    • (e) compliance with the control measures taken on the basis of the Community measures listed in Annex I to this Regulation. Directive No 2002 /99/EC ;

    • f. to be fulfilled pursuant to Article 4 of Directive No 2002 /99/EC Community implementing measures.


Article 2.1.1.6

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The prohibition, intended to Article 2.1.1.1 in connection with the 2.1.1.2 to 2.1.1.4 , does not apply to products which are subject to conditions laid down in Article 4, third paragraph, of Directive No 2002 /99/EC Community implementing measures.


Article 2.1.1.7

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  • 1 The product is accompanied by a veterinary certificate, in so far as a veterinary certificate has been issued pursuant to Article 9 of Directive No 89 /662/EEC or Article 4, second paragraph, of Directive No 2002/99 The Community implementing measure laid down.

  • 2 A certificate as referred to in paragraph 1 meets the requirements set out in Article 5, second paragraph, of Directive No 2002 /99/EC Community implementing measures.


§ 2.1.2. To bring in the Netherlands from third countries

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Article 2.1.2.1

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  • 1 It is prohibited to produce a product of animal origin intended for human consumption as referred to in Article 2 (4) of this Regulation. Directive No 2002 /99/EC , to be brought in the Netherlands from a third country.

  • 2 The prohibition referred to in paragraph 1 shall not apply if the prohibition is fulfilled: Section 2.1.1 , with the exception of Article 2.1.1.7 And this paragraph.

  • 3 This paragraph shall apply mutatis mutandis to live animals which are intended for human consumption.


Article 2.1.2.2

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The product originates from country, or a region of countries, that is included in a list drawn up in accordance with Article 8 (1) of this Regulation. Directive No 2002 /99/EC The Community implementing measure adopted.


Article 2.1.2.3

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The product and animal from which the product has been obtained has been subject to rules on origin set out in Article 8 (3) of the EC Treaty. Directive No 2002 /99/EC The Community implementing measure adopted.


Article 2.1.2.4

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The product complies with special requirements set out in Article 8 (4) of Directive No 2002 /99/EC The Community implementing measure adopted.


Article 2.1.2.5

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The product complies with other requirements set out in Article 8 (5) of this Regulation. Directive No 2002 /99/EC The Community implementing measure adopted.


Article 2.1.2.6

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The product complies with conditions set out in Article 48 of this Regulation. Regulation (EC) 882/2004 The Community implementing measure adopted.


Article 2.1.2.7

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  • 1 The product shall be accompanied by a veterinary certificate.

  • 2 A certificate as referred to in paragraph 1 shall meet each of the following requirements:

  • 3 If the product comes from New Zealand, it may, by way of derogation from the second paragraph, be accompanied by a certificate established by a Community measure implementing the Agreement of 17 December 1996 between the European Economic Community and the Republic of New Zealand. Community and New Zealand on sanitary measures applicable to trade in live animals and animal products (PbEG L 57), where the rules laid down in the Community measure referred to in this Article are fulfilled.

  • 4 If the product originates in Canada, it may, by way of derogation from the second paragraph, be accompanied by a certificate established by a Community measure implementing the Agreement of 17 December 1998 between the European Economic Community and the Republic of Canada. Community and Canada on sanitary measures to protect public and animal health in trade in live animals and animal products (PbEC 1999, L 71), where the rules laid down in the above mentioned Community measure.


Chapter 2.2. General rules concerning products not intended for human consumption

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Article 2.2.1

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It shall be prohibited to include animal by-products and derived products as referred to in Article 3 (1) and (2) of Regulation (EC) No 2382/3. 1069/2009:

  • (a) to be brought in the Netherlands from a Member State;

  • (b) to be brought in the Netherlands from a third country;

  • c. to bring outside the Netherlands.


Article 2.2.2

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The prohibition, intended to Article 2.2.1 , does not apply to animal by-products and derived products in respect of which Title II, Chapter II and III of Regulation (EC) No 1069/2009 are met, as well as to the third paragraph of Article 43 of Regulation (EC) No 1069/2009. the European Union implementing measures adopted.


Chapter 2.3. Additional requirements for products of ruminants

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Article 2.3.1

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It shall be prohibited to produce animal products derived from ruminants as referred to in Article 16 of this Regulation. Regulation (EC) 999/2001 :

  • a. to bring in the Netherlands;

  • to produce, to be processed in the Netherlands, to be processed, to be placed on the market;

  • c. to bring it otherwise than in transit outside the Netherlands.


Article 2.3.2

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The prohibition, intended to Article 2.3.1 , does not apply if the requirements have been complied with in:

  • (a) Article 16, second paragraph, of Regulation (EC) No 1016/EC, In respect of the products referred to therein,

  • (b) Article 16, third paragraph, of Regulation (EC) No 1016/EC In respect of the products referred to therein,

  • c. Annex VIII, Chapter C, of Regulation (EC) No 148/EC In respect of the products referred to therein,

  • Annex IX, Chapters C and F of Annex IX to Regulation (EC) In the case of the products referred to therein.


Chapter 2.4. Additional rules on specific animal products

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§ 2.4.1. Intra-Community

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Article 2.4.1.1

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  • 1 It is prohibited products of animal origin, mentioned in Directive No 92 /118/EC :

    • (a) to be brought in the Netherlands from a Member State;

    • to produce, to be processed in the Netherlands, to be processed, to be placed on the market;

    • c. to bring it otherwise than in transit outside the Netherlands into a Member State.

  • 2 The products referred to in paragraph 1 shall be as follows:

  • 3 The prohibition provided for in paragraph 1 shall not apply if this Chapter is complied with.


Article 2.4.1.2

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  • 1 In case the product:

    • a. is a pathogen, is fulfilled by virtue of Article 6 of Directive No 92 /118/EEC adopt Community implementing measures and shall notify the Minister in respect of imports and trade of this product;

    • b. is a product for which, according to Annex 1 to this Regulation, Directive No 92 /118/EEC rules applicable to trade are to be subject to compliance with those rules and Community implementing measures adopted pursuant to that Annex.

  • 2 In the case of a pathogen as referred to in paragraph 1 (a), which is also an animal by-product referred to in Regulation (EC) No 1582/10, In the Netherlands, the notification referred to in paragraph 1 (a) shall be deemed to have been taken if it is received in the Netherlands on the basis of Article 48 (1) of that Regulation. Permitted.


Article 2.4.1.3

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The product comes from an establishment complying with Article 4 (2) of this Regulation. Directive No 92 /118/EEC .


§ 2.4.2. To bring in the Netherlands from third countries

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Article 2.4.2.1

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  • 1 It is prohibited products of animal origin animal origin, mentioned in Directive No 92 /118/EC in the Netherlands to be brought from a third country.

  • 2 The products referred to in paragraph 1 shall be as follows:

  • 3 The prohibition provided for in paragraph 1 shall not apply if the prohibition is fulfilled: Article 2.4.1.2 and 2.4.1.3 and this paragraph.


Article 2.4.2.3

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The product originates from a third country or part of a third country, placed on a list, included in a list of third countries referred to in Article 10 (b) (b) of the Directive No 92 /118/EEC Community implementing measure adopted;


Article 2.4.2.4

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The product complies with specific requirements or equivalent guarantees, set out in a sub-paragraph (a) or (c) of Article 10. Directive No 92 /118/EEC The Community implementing measure adopted.


Article 2.4.2.5

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Where the product is intended for research, education or diagnosis, the specific requirements and rules relating to the nature and content of accompanying documents shall be in accordance with Article 11 of this Regulation. Directive No 92 /118/EEC The Community implementing measure adopted.


Article 2.4.2.6

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  • (1) Where the product is a commercial sample as referred to in Article 2 (b), first paragraph, of Directive No 92 /118/EEC is:

    • (a) has been authorised by the Minister for the importation of this product, or

    • (b) a period of 30 working days from the date of receipt of the application for an authorization referred to in subparagraph (a) has expired, without the Minister having decided on the application.

  • 2 Where a licence has been granted as referred to in paragraph 1 (a), the relevant authorisation and the rules, conditions and restrictions attached thereto shall be laid down in a document.

  • 3 The document referred to in paragraph 2 shall be accompanied by a copy of the application referred to in paragraph 1 (b), to the product referred to in paragraph 1.


Article 2.4.2.7

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In the case of product for satisfaction Directive No 92 /118/EEC whether a Community implementing measure adopted pursuant to that Directive is accompanied by a certificate, that certificate shall comply with Article 10 (c) of Article 10 (2) of the EC Treaty. Directive No 92 /118/EC , and the Community implementing measures adopted pursuant to that Article.


Article 2.4.2.8

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In the case of product under Annex 1 to this Regulation, Directive No 92 /118/EEC rules applicable to imports from third countries shall be subject to compliance with those requirements and Community implementing measures adopted pursuant to that Annex.

Title 3. Documents relating to the implementation of controls on products

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Chapter 3.1. Intra-Community

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Article 3.1.1

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  • 1 It shall be prohibited to produce a product of animal origin as referred to in Article 1 of Directive No 89 /662/EEC :

    • (a) to be brought in the Netherlands from a Member State;

    • (b) on the market in the Netherlands;

    • c. to bring it otherwise than in transit outside the Netherlands into a Member State.

  • 2 The prohibition provided for in paragraph 1 shall not apply where this Chapter is complied with.

  • 3 This Chapter shall apply mutatis mutandis to:

    • (a) animal by-products and derived products referred to in Article 3 (1) and (2) of Regulation (EC) No 1228/Euratom 1069/2009;

    • (b) pathogenic agents as referred to in Article 1 (d), part d, Directive No 92 /118/EEC ;

    • c. Products designated by an Annex B to Directive No 89 /662/EEC The Community implementing measure adopted.


Article 3.1.2

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  • 1 The person receiving the consignment of products first on Dutch territory has been registered by the Minister.

  • 2 Registration takes place only if the person referred to in the first paragraph has committed to:

    • (a) to conduct an administration specifying at least the supplies of products, in so far as they are intended for the Netherlands or a Member State, and the subsequent destination thereof, and all documents relating to such products are Included:

    • (b) retain for at least three years the records referred to above;

    • (c) prior to receipt, the further division or marketing of each Party shall verify that the marks required for the products in question have been affixed to the products concerned under Community measures and the certificates required, contain documents and other supporting documents;

    • d. reporting negligence and irregularities in respect of a delivery of a party to the Dutch Food and Warenes Authority immediately;

    • (e) to cooperate with the inspection veterinarian and to supply it with all the information which it considers necessary in connection with the verification of compliance with this Article.

  • 3 The person referred to in paragraph 1 shall comply with other requirements set out in Article 5 (4) of the Directive No 89 /662/EEC Community implementing measures.

  • 4 In so far as the person referred to in the first paragraph is also an operator of a food business as referred to in Regulation (EC) No 1484/3. It shall be deemed to be registered as referred to in paragraph 1 if any establishment carrying out activities under its management is registered for the purposes of the first subparagraph of Article 6 (2) of Regulation (EC) No 178/2002. (EC) No 852/2004, or has been approved for the purposes of implementing Article 4 (2) of Regulation (EC) No 238/2004. -No,


Article 3.1.3

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  • 1 A batch of products transported to more than one destination shall be split into as many Parties as there are destinations.

  • 2 Where the original consignment is accompanied by a certificate or a document on the basis of a Community measure, that obligation shall apply after splitting up for each of the parties thus resulting in such a declaration.


Article 3.1.4

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In the case of a consignment of products for a third country, transport in the Netherlands territory shall be carried out under customs supervision.


Article 3.1.5

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  • 1 There shall be no prohibition of placing the product in question in, or outside the Netherlands on the basis of:

  • 2 Where, on the basis of measures referred to in the first paragraph, conditions have been laid down for the product concerned to be excluded from the Netherlands, those conditions have been fulfilled.


Article 3.1.6

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It has been complied with pursuant to Article 16 of Directive No 89 /662/EEC Community implementing measures.


Chapter 3.2. To bring in the Netherlands from third countries

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§ 3.2.1. General

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Article 3.2.1.1

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  • 1 It is prohibited to be an animal product as referred to in Article 2 (2) (a), second paragraph, of Directive No 97 /78/EC which originates directly from a third country in the Netherlands.

  • 2 It is prohibited to establish a plant-based product placed on the list established by a Community implementing measure under Article 19, first paragraph, of Directive No 97 /78/EC , which comes directly from a third country, to bring in the Netherlands.

  • 3 The prohibitions referred to in the first and second paragraphs shall not apply if this Chapter is complied with.


Article 3.2.1.2

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This Chapter shall not apply to products referred to in Article 16 of this Regulation. Directive No 97 /78/EC and the article and Article 25 of Regulation (EC) 882/2004 Community implementing measures, if the conditions laid down in the measure in question are fulfilled.


§ 3.2.2. Arrival and investigation

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Article 3.2.2.1

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  • 1 A batch of products shall be made by means of a product under Article 6 of Directive No 97 /78/EC approved border inspection post in the Netherlands.

  • 2 The approval of the border inspection post shall be approved in accordance with Article 6, third paragraph, of the Directive No 97 /78/EC suspended by the Minister if serious animal health grounds give rise to this matter.

  • 3 The suspension of approval referred to in paragraph 2 may be terminated only if the border inspection post is again on the list referred to in Article 6 (4) of this Regulation. Directive No 97 /78/EC shall be placed in accordance with the procedure referred to in Article 6 (2) (a) of that Directive.


Article 3.2.2.2

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  • 1 The interested party in the batch of products has notified the Netherlands Food and Warenauthority in writing of the arrival at the border inspection post.

  • 2 The notification shall be made in accordance with the provisions of Article 3, paragraph 5, of Directive No 97 /78/EC Community implementing measures.

  • 3 Where a consignment of products is unloaded on a terminal or a losquay at the border inspection post to be transhipped to another vessel, another aeroplane shall notify the Dutch Food and Warenauthority party prior to the arrival of the consignment, the estimated time of unloading, the destination of the lot and the exact place of destination upon request.


Article 3.2.2.3

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  • 1 Where a Community measure requires the product to be accompanied by a veterinary certificate or a similar document, this certificate shall be submitted at the time of arrival at the border inspection post at the time of arrival at the border inspection post. the inspection veterinarian.

  • 2 The certificate or document drawn up, issued, completed and signed in full in accordance with the relevant Community measure, shall be signed and signed.


Article 3.2.2.4

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  • 1 The consignment of products shall be submitted to the inspection veterinarian at the time of arrival at the border inspection post.


Article 3.2.2.5

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The transfer of a lot shall be carried out in accordance with Article 9 of Directive No 97 /78/EC and Community implementing measures adopted pursuant to that Article.


Article 3.2.2.6

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  • 1 After the Directive No 97 /78/EC and Regulation (EC) 882/2004 and the Community implementing measures adopted pursuant to that Directive and Regulation have been completed with regard to the lot, or to any part of the lot after splitting, in accordance with Article 5 of the Agreement. of that Directive and the Community implementing measures adopted pursuant to that Article, issued by the Minister.

  • 2 The certificate referred to in paragraph 1 shall accompany the certificate in question:

    • a. As long as it is under customs supervision; or

    • b. Until it has arrived at the place of destination.


§ 3.2.3. Transit and reimportation

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Article 3.2.3.1

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In respect of a consignment to the Netherlands, products intended for a third country are to be applied in addition to Section 3.2.2 the following conditions:

  • a. the Minister has granted permission to bring this party in the Netherlands, or a term of 30 working days, from the date of receipt of the application of this consent, has passed without the Minister on the application has decided;

  • (b) the person concerned has given a prior written undertaking to the Minister that, if the party is refused in the third country, he shall reinstate the party and act in accordance with the administrative measure adopted as a result of the decision;

  • (c) the transport of the consignment is carried out under customs control;

  • (d) where the consignment is transported by road, inland waterway or rail, the vehicle or the container shall be sealed, and the lot shall not be unloaded or split, and the products shall not be handled;

  • (e) the Party shall leave the territory of the European Union at the latest 30 days after the departure from the border inspection post.


Article 3.2.3.2

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  • 1 In respect of a consignment to the Netherlands, products previously dispatched from the territory of the European Union to a third country and subsequently refused by the third country shall be complementary to: Section 3.2.2 the following conditions:

    • (a) the Minister has authorized the bringing of this party to the Netherlands;

    • (b) the consignment shall be accompanied by the original certificate issued by the competent authority of the Member State from which the consignment was dispatched or of a copy thereof certified by the competent authority of that third country, with the following indication:

      • 1 °. the grounds of refusal;

      • 2 °. the guarantee that the conditions for storage and transport are fulfilled;

      • 3 °. the guarantee that the products concerned have not undergone any operation;

      • 4 °. where the lot is in a sealed container, a declaration that the contents of the container are not processed or unloaded;

    • (c) the competent authority of the Member State from which the consignment had been dispatched has given its consent to the lot to be returned;

    • d. The Party shall return directly to the establishment of origin, by means of sealed and leak-proof vehicles or containers;

    • (e) the implementing rules provided for in Article 15 (6) of Directive No 97 /78/EEC The Community implementing measure adopted.

  • 2 Refusal by the third country referred to in paragraph 1 shall mean the refusal or refusal of a party to be taken by a customer in the third country.

  • 3 The party shall take the party's first claim and act in accordance with the administrative measure adopted as a matter of fact.


§ 3.2.4. Other

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Article 3.2.4.1

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  • 1 In case a batch of products is destined for a customs warehouse, is in addition to Section 3.2.2 and 3.2.3 Compliance with each of the following conditions:

    • (a) the party concerned has indicated in advance what the final destination of the lot is;

    • (b) the person concerned has indicated in advance whether or not the party complies with the requirements for imports from third countries, which are subject to Community measures and Community implementing measures.

  • 2 In the event of lack of clarity regarding the final destination, the consignment is deemed to be intended to be placed on the Netherlands.


Article 3.2.4.2

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  • 1 In the case of batch of products as intended Article 3.2.4.1 does not meet the requirements for imports from third countries which are subject to Community measures and Community implementing measures, admission to a customs warehouse shall be authorised only if all of the following conditions are met:

    • a. The warehouse has been approved by the Minister;

    • (b) there is no animal health hazard;

    • c. the Party shall have a customs seal.

  • 2. Recognition as referred to in paragraph 1 shall be satisfied only if the conditions laid down in Article 12, paragraph 4 (b), are satisfied. Directive No 97 /78/EC and in the Community implementing measures adopted pursuant to that Article.


Article 3.2.4.3

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  • 2 As regards the lot referred to in paragraph 1, Article 12, eighth paragraph, shall be fulfilled: Directive No 97 /78/EC .


Article 3.2.4.4

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In the case of a batch of products intended for direct delivery as well as for crew and passengers on maritime transport equipment, in addition to the Articles 3.2.4.1 to 3.2.4.3 in respect of the person who markets the products, the conditions laid down in Article 13 of Directive No 97 /78/EC and Community implementing measures adopted pursuant to that Article.

Title 4. Community safeguard measures

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§ 4.1. Intra-Community

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Article 4.1.1

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  • 1 It shall be prohibited to bring products of animal origin and other products and articles which may be bearers of smetdust from a Member State to the Netherlands in the case of products originating in a Member State, in the case of products originating in a Member State, in the event of a Regulation (EC) 178/2002 The Community implementing measure adopted shall be one of the following measures:

    • (a) the suspension of the placing on the market of the product or article concerned;

    • (b) the fixing of special conditions for the products concerned or property;

    • (c) other appropriate temporary measures as referred to in Article 53, first paragraph, point (a) (iv), of Regulation (EC) 178/2002 .

  • 2 The prohibition referred to in paragraph 1 (b) or (c) shall not apply if the conditions laid down in the relevant Community implementing measure are satisfied.


§ 4.2. To bring in the Netherlands from third countries

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Article 4.2.1

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  • 1 It is prohibited to bring products of animal origin and other products and articles which may be bearers of smetdust from a third country, or part thereof, in the Netherlands in the case of products originating in the Netherlands in the event of a product under Article 22 of the Directive No 97 /78/EC The Community implementing measure adopted for Member States shall be subject to the following:

    • (a) suspend the import of the product or object concerned from the country concerned or part thereof;

    • (b) to lay down special conditions for the import of the products concerned or objects from the country concerned or part thereof.

  • 2 The prohibition referred to in paragraph 1 (b) shall not apply if the conditions laid down in the relevant Community implementing measure are satisfied.


Article 4.2.2

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  • 1 It is prohibited to bring products of animal origin and other products and articles which may be bearers of smetdust from a third country, or part thereof, in the Netherlands in the case of products originating in the Netherlands, in the case of products originating in the Netherlands, in the case of products and articles thereof, Regulation (EC) 178/2002 The Community implementing measure adopted shall be one of the following measures:

    • (a) the suspension of the placing on the market of the product or article concerned;

    • (b) the fixing of special conditions for the products concerned or property;

    • (c) other appropriate temporary measures as referred to in Article 53, first paragraph, part b (iii), of Regulation (EC) 178/2002 .

  • 2 The prohibition referred to in paragraph 1 (b) or (c) shall not apply if the conditions laid down in the relevant Community implementing measure are satisfied.

Title 5. Administrative measures

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Article 5.1

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  • 1 The Minister may, in respect of a batch of products, take measures in the following cases:

    • a. A pathogen, zoonosis, or other condition is present in the lot, or suspected to be present, which may pose a serious hazard to animals;

    • b. The batch is from an area which is infected with an epidemic animal disease.

  • 2 The measures referred to in paragraph 1 shall be as follows:

    • a. Obligation to place them in temporary isolation;

    • (b) the obligation to destroy;

    • (c) the obligation to use for other purposes.


Article 5.2

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  • 1 The Minister may take measures in respect of a batch of products which does not comply with Community and national animal health conditions, or of which it is suspected to be.

  • 2 The minister may in relation to a batch of products directly from a third country, and brought in the Netherlands without being subjected to the update. Directive No 97 /78/EC and Regulation (EC) 882/2004 and the Community measures adopted pursuant to that Directive and Regulation adopted, taking measures.

  • 3 The measures referred to in the first and second paragraphs shall be:

    • a. Obligation to place them in temporary isolation;

    • (b) the obligation to destroy;

    • (c) the obligation to return, to the extent that the competent authority of the country of establishment of the establishment of origin has agreed to it.

  • 4 The measures provided for in paragraph 1 shall also be:

    • a. The obligation to use for purposes other than human consumption;

    • (b) the obligation to recover, where appropriate, defects in the certificate or transport document within a time limit to be set by the Minister.


Article 5.3

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  • 1 The costs of the measures taken pursuant to this Title shall be borne by the person concerned at the time of loading or his representative, without reimbursement by the State.

  • 2 The first paragraph shall not apply in cases where, on the basis of an article 17, seventh paragraph, of Directive No 97 /78/EC The Community implementing measure shall be subject to a derogation.


Article 5.4

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  • 1 The measures may be imposed under conditions and restrictions. The measures may be subject to rules.

  • 2 The measures do not pose a risk to human or animal health.

Title 6. Final provisions

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Article 6.1

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Licences, approvals, consents, approvals and registrations granted in implementation of Community measures shall have been carried out on the basis of the Chapter 2 , 3 , 10 , 11 or Regulation (EEC) No 11A of the Code of Inspection and Trade , the System of imports and transit meat 1979 , the Import and transit products meat products 1985 , the Arrangements for the transit and transit of poultry products 1993 or the Arrangements for imports of rabbit meat and haze meat 1993 , they are deemed to have been granted on the basis of this scheme.


Article 6.2

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Code of Aquiculture.]

Article 6.3

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Article 6.4

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The Scheme for imports of hay and straw shall be withdrawn.


Article 6.5

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Article 6.6

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The Implementation of European safeguard measures animals and products shall be withdrawn.


Article 6.7

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This arrangement shall enter into force as from 1 January 2006.


Article 6.8

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This scheme is cited as: Rules on animal health rules trade in livestock products.

This arrangement will be set out in the Official Journal.

The Hague, 12 December 2005

The

Minister

Agriculture, Nature and Food Quality,

C.P. Veerman