Regulations Relating To Inspection And Control Of Imports And Exports Of Live Animals, Other Breeding Stock And Animal Waste In The Community, And Imports Of Live Animals From Third Countries

Original Language Title: Forskrift om tilsyn og kontroll ved import og eksport av levende dyr, annet avlsmateriale og animalsk avfall innen EØS, og ved import av levende dyr fra tredjestater

Read the untranslated law here: https://www.global-regulation.com/law/norway/5962490/forskrift-om-tilsyn-og-kontroll-ved-import-og-eksport-av-levende-dyr%252c-annet-avlsmateriale-og-animalsk-avfall-innen-es%252c-og-ved-import-av-levende-dy.html

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Regulations relating to inspection and control of imports and exports of live animals, other breeding stock and animal waste in the Community, and imports of live animals from third countries.


Date FOR-1998-12-31-1484


Ministry of Agriculture and Food


Published Dept. In 1998 2500 (Appendix in pdf format)


Commencement 01.01.1999

Edited
FOR-2007-10-27-1267

Changes


For
Norway

Legal

LOV-2003-12-19-124-§7, LAW-2003-12-19-124-§12, LAW-2003-12-19-124-§14, LAW-2003-12-19- 124-L-15, LAW-2003-12-19-124-§19, LAW-2003-12-19-124-§33, LAW-2003-12-19-124-§36, TO-2003-12- 19-1790

Promulgated


Short Title
Regulations on trade in live animals, etc.

Chapter Overview:

Chapter I. Purpose, scope and definitions (§§ 1-4)
Chapter II. General provisions concerning export (§§ 5-6)
Chapter III. General provisions concerning import (§§ 7-12)
Chapter IV. Border control on imports from third countries (§§ 13-17)
Chapter V. Administrative provisions (§§ 18-22)
Appendix I. Certificate for use in trade within the EEA and associated guidelines for completing the certificate | ||
Adopted by the Ministry of Agriculture on 31 December 1998 pursuant to the Act of 19 December 2003 no. 124 relating to food production and food safety. (Food Act) § 7, § 12, § 14, § 15, § 19 and § 33 first paragraph, cf.. § 36 subsection. Delegated Decision of 19 December 2003 no. 1790.
EEA information: EEA agreement Annex chap. I (Directive 90/425 / EEC, Directive 91/496 / EEC), no. 117 (Regulation (EC) no. 282/2004 as amended by Regulation (EC) no. 585/2004) and no. 119 (Regulation (EC) no. 599/2004).
Changes: Amended by regulation 18 October 1999 No.. 1164 (including the title), 28 January 2000 No.. 68, 10 Dec 2003 No.. 1519, January 9, 2004 no. 100 (including legal), 30 November 2005 No.. 1354 (including title and authority), October 27, 2007 No.. 1267.

Chapter I. Purpose, scope and definitions

§ 1. Purpose These regulations shall ensure supervision and control of animal health, animal welfare and breeding-related conditions on the import and export of live animals, other breeding stock and animal waste in the Community, and imports of live animals from third countries.

§ 2. Scope These regulations apply supervision and control of imports and exports of live animals, other breeding stock and animal waste in the Community, and imports of live animals from third countries.
Regulations do not apply:

A)
Pets accompanied by the owner or under the responsibility of an individual and breeding material from pets, when importation or exportation is not subject to commercial trade.

B)
Animal breeding material to be used in special studies or analyzes. After use genetic material destroyed or forwarded to the conditions supervisory authority may specify.

C)
Live shellfish when they are intended for human consumption.

Regulation applies without regard to the inspection ordered and carried out by the customs and excise purposes.

§ 3. Definitions In these regulations apply:

1)

Document Control: Control of health certificate or other required documentation accompanies the shipment.

2)

Identity Control: Control of compliance among health certificate or imposed other documentation and shipment, including control of required labeling of shipment.

3)

Physical control: Control of animal or item, including any sampling and testing of samples.

4)

BIP: Any control station located at the EEA's external border.

5)

Third Country: State that is neither a member of the EU or the EEA Agreement has entered into an agreement with the EU on trade in animals.

6)

Animal waste: Animal by-products as defined in Regulation 27 October 2007 no. 1254 relating to animal by-products not intended for human consumption. Finished Products where animal by-products are included in the raw materials that are approved in accordance with Regulations 27 October 2007 no. 1254 relating to animal by-products not intended for human consumption, is no longer perceived as animal waste. Such finished products shall be verified according to the regulations on supervision and control on the import and export of foodstuffs and of products of animal origin.1

7)

Other breeding stock: Ova, embryo and semen.

8)

Shipment: A quantity of live animals, other genetic material or animal waste, which is sent by the same means of transport, using the same route and destination, and covered by the same health certificate or other required documentation.

9)

First receiver: The first organization for importation receiving live animals, other breeding material and animal waste.

10)


Regulation (EC) No. 282/2004: The ordinance implemented in Norwegian law by Regulation 30 November 2005 no. 1348 on the implementation of Regulation (EC) No. 282/2004 concerning the introduction of a document for the declaration and veterinary checks of live animals imported into the Community from third countries.

11)

CVED: Common veterinary document for imports from third countries, as provided for in Regulation (EC) No. 282/2004 Annex I.

12)

The Veterinary: Veterinary which according to special regulations is qualified to act as such and who are appointed by the FSA.

§ 4. Registration of Businesses Agricultural activity, stall or other activities or local which regularly kept or bred breeding, production or slaughter, operated commercial sales of animals, or training activities, should be recorded in the Farm Register. Companies with registered equidae are exempt from the registration requirement.
All holdings with aquaculture animals shall be registered in the Directorate of Fisheries concession register.

Chapter II. General provisions concerning export

§ 5. Requirements for export to EEA countries Live animals, other breeding material and animal waste to be carried to shore in the Community shall be held or produced, controlled, labeled and provided with documentation in accordance with the requirements in competent regulation on animal health conditions for importation and exportation. Each consignment shall be equipped with its own animal health certificate must accompany the consignment until their destination.
Live animals, other breeding material and animal waste to be exported to third countries through another country within the EEA shall be transported out of the EEA under the approved customs procedure.
When the competent regulatory requirements regarding the use of health certificates for the export of live animals or other breeding material to countries within the EEA or when required advance notification in shipments of animal waste to countries within the EEA, such licenses or messages designed in basis of the harmonized certificate model in Annex I to this regulation. This applies not health certificates for registered equidae. Part I of the certificate model can be filled by shipper. Filling can be made electronically in the integrated electronic veterinary information system (TRACES).

§ 6. Control of animal husbandry, businesses and authorized stations FSA oversees holdings, businesses, approved centers where live animals, other breeding material and animal waste intended for trade within the EEA held, prepared or stored.

Chapter III. General provisions concerning import

§ 7. Registration Importer and first recipient of the shipment, shall be registered with the FSA before the importation takes place.
For live animals, except horses and semen and embryos of live animals, the registration shall be made no later than 30 days prior to importation, and business name, address, telephone number, fax number, organization or social and directions about product group as is split by Chapter of the Nomenclature. Registration shall be made for each product group and apply for two years after the last recorded entry, ref. § 8
FSA may allow later registration provided that this does not hinder the exercise of supervision.

§ 8. Notification of import When importing from countries within the EEA covered by this regulation the importer or his representative shall notify the shipment to the local FSA at the destination or the official veterinarian in the business that is the destination of the shipment. The notification must be received 24 hours prior to arrival at the destination. FSA may allow shorter notification period for individual shipments, provided this does not hinder the exercise of supervision.
The notification shall be submitted on the prescribed form and shall contain at least the following information:

1)
The business name, address and registration number or social security number.

2)
Arrival and destination.

3)
Sender Country.

4)
The number of units in the shipment.

5)
Category specifying the customs tariff number (eight digits) according to the division in the Norwegian customs tariff.

6)
The identity of the shipment.

Requirement for notification of imports does not apply to imports from countries within the EEA of registered equidae.
When importing live animals from third countries shall be responsible for the load notify the consignment by means of the CVED and in the manner set out in Regulation (EC). 282/2004 Article 1 and Annex I.
By missing message consignment shall not cleared through customs before such notice is given, or until the FSA or border veterinarian on imports from third countries authorizing extradition.


§ 9. Recipient control duty on imports First recipient shall keep a list of received shipments and implement the control necessary to ensure compliance with the conditions imposed for importation before redistribution of shipment. The list shall contain the name and address of the sender (s) and receiver (s) and identity of the shipment.
First recipient must also verify that

1)
shipment is accompanied by commercial document, health certificate or other required documentation,

2)
there is consistency between the documentation in paragraph. 1 and the respective shipment

3)
animals, breeding stock or waste is properly labeled.

In holdings, businesses, approved centers should business itself conduct inspections for other joints. In enterprises with supervisory veterinarian, shall conduct inspections.
Register of received deliveries shall be kept for at least ten years and must be shown the local FSA request. The same applies to the commercial documents or health certificates which have followed the shipment.

§ 10. Recipient duties by missing If control under § 9 reveals deficiencies in the commercial document, identification or documentation duties first receiver to notify the FSA.
Consignment should in such cases not be transferred without permission from the FSA.

§ 11. Official controls FSA may at any time carry out spot checks on live animals, other breeding material and animal waste, and control of the vehicle used to transport.

§ 12. Transfer of animals to the arrival destination Live animals may earliest leave destination as specified in the accompanying health certificate, two days after arrival. Live animals that are to be distributed after importation, can not leave the final destination before a further 2 days after arrival.
Temporary importation of registered equidae and laboratory animals to approved experimental enterprises are exempt from the requirement in the first paragraph.

Chapter IV. Border control on imports from third countries

§ 13. Scope of chapter IV provisions of this chapter applicable upon import from countries outside the EU of live animals. Other breeding stock and animal waste must be inspected in accordance with regulations on supervision and control on the import and transit etc. of animal products and products of animal origin, etc. from tredjeland.1

§ 14. Inspection by veterinary border inspection All shipments from third countries shall be subject to control by an official veterinarian in a veterinary border inspection according to the list drawn up by the FSA over Norwegian border stations and control centers for the importation of live animals, foodstuffs and other products of animal origin .
By the border inspection will be carried out document check, identity check and physical control of the consignment in accordance with the provisions of applicable instruks.1 By such control can be taken out samples that are deemed essential.
After completing control issuing official veterinarian at the border inspection CVED in the manner set out in Regulation (EC). 282/2004 Article 3. 1 and Annex I.
Further provisions for the procedures to be followed after completion of control are laid down in Regulation (EC). 282/2004 Article 3. 2 to 7.

§ 15. Forwarding and transit of consignments Consignments shall be transmitted to another country within the EEA shall undergo checks in accordance with the provisions of § 14
Official veterinarian at the border inspection post that is the destination of a shipment that is forwarded from another border inspection post shall issue and fill CVED in the manner set out in Regulation (EC). 282/2004 Article 4.
Shipments to be sent in transit through Norway to a third country may be permitted sent through Norway if:

1)
Border vet on the appropriate border inspection authorize retransmission.

2)
The person responsible for the shipment can demonstrate that it is not rejected in the third country.

3)
The shipment has undergone veterinary legislation, cf. § 14, with satisfactory results.

4)
shipment exclusively handled by border within the EEA and during transport by controlling animal health conditions.

5)
Transport done in accordance with approved customs procedure.

Official veterinarian at the border inspection post that is export location for a shipment in transit shall complete the CVED in the manner set out in Regulation (EC). 282/2004 Article 4.

§ 16. Rejection shipment rejected if border controls reveal that

1)
shipment come from a country outside the EEA or region of such a country that is not approved for export to the Community of that item

2)

Shipment does not meet the animal health conditions for importation

3)
suspected contagious disease or illness that represents a danger to animal health

4)
health certificate or other document which accompanies the shipment does not meet the requirements for such documents

5)
country outside the EEA does not meet the requirements of the country.

In rejecting applied on all documents accompanying the shipment a stamp showing that the consignment is rejected.
Rejected consignments may be requested returned, slaughtered, destroyed or allowed introduced to other uses.

§ 17. Costs All costs of inspection shall be borne by the shipper, importer, first recipient or agent of these. Before shipment cleared through customs, shall be demonstrated that the cost of control and eventual isolation is paid.
All costs associated with rejected shipments and further processing of these are the responsibility. Any returns paid to its owner or his representative.

Chapter V. Administrative provisions

§ 18. Supervision and measures the FSA supervises and makes decisions to implement the provisions laid down in and pursuant to these regulations.
If the shipment does not meet current requirements and the health status or the detected disease or infection which indicates that importation can not happen, FSA, having first informed the importer, either

1)
put animals in isolation or withhold shipment of necessary documentation has been submitted, or

2)
with the permission of both export and import authorities return shipment.

If the conditions in the second paragraph are not met within specified deadlines, the animals are killed and disposed of, and other breeding material and animal waste disposed.

§ 19. Costs Costs associated with the implemented measures, cf. § 18 shall be borne by the sender or his representative, or other person responsible for the shipment.

§ 20. Exemption FSA may in special cases grant exemptions from the provisions of this regulation, provided that it does not conflict with Norway's international obligations, including the EEA agreement.

§ 21. Penalties Deliberate or negligent violation of these regulations or provisions and decisions issued pursuant thereto is punishable under the Food Act § 28

§ 22. Commencement and transitional arrangements This regulation comes into force on 1 January 1999.

Appendix I. Certificate for use in trade within the EEA and associated guidelines for completing the certificate

See here to read Annex I:

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