Regulation 2004/136 - Procedures for veterinary checks at Community border inspection posts on products imported from third countries - Main contents

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Commission Regulation (EC) No 136/2004 of 22 January 2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries (Text with EEA relevance)

Official Journal L 021 , 28/01/2004 P. 0011 - 0023

Commission Regulation (EC) No 136/2004

of 22 January 2004

laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(1), and particularly Article 3(5), Article 4(5), Article 5(4), Article 8(7), Article 16(3) and Article 19(1) thereof,

Whereas:

• (1) 

  The original requirements for veterinary checks on products entering the Community from third countries were laid down in Council Directive 90/675/EEC(2), which has been repealed and replaced by Directive 97/78/EC.

• (2) 

  In the light of experience gained since the adoption of Directive 90/675/EEC, there have been some changes to procedures introduced by Directive 97/78/EC. Commission Decision 93/13/EEC of 22 December 1992 laying down the procedures for veterinary checks at the Community border inspection posts on products from third countries(3), as last amended by Decision 2003/279/EC(4), was adopted an the basis of the first directive and should therefore be updated.

• (3) 

  The certificate issued after completion of veterinary checks and currently laid down in Annex B to Decision 93/13/EEC should be adapted to take account of changes to procedures both for consignments meeting Community rules and for consignments not meeting Community rules, and whether for import into or transit of the Community.

• (4) 

  Detailed rules concerning the use of that certificate are set out in Commission Decision 2000/208/EC of 24 February 2000 establishing detailed rules for the application of Council Directive 97/98/EC concerning the transit of products of animal origin from one third country to another third country by road only across the European Community(5), and Commission Decision 2000/571/EC of 8 September 2000 laying down the methods of veterinary checks for products from third countries destined for introduction into free zones, free warehouses, customs warehouses or operators supplying cross border means of sea transport(6).

• (5) 

  However, it is necessary to lay down specific rules regarding the practical management of the certificate in situations where consignments receive veterinary clearance at the border inspection post but remain under customs supervision for fiscal reasons for some time. In such cases a system of traceability, and clarification as to the documentation to accompany the consignment, are required.

• (6) 

  For the proper functioning of the system of veterinary checks in the single market all the information pertaining to a product should be brought together in a single document with a uniform design to reduce problems of differences of language in different Member States.

• (7) 

  Specific details of harmonised sampling and laboratory testing of different types of product will be made the subject of later implementing decisions, but in the meantime national rules should continue to apply except in the case of particular safeguard measures.

• (8) 

  Experience has shown that it is of fundamental importance to have good sources of information regarding all consignments entering the Community to reduce fraud and evasion of checks. Checking of manifests is a key feature of this information-gathering process but is a very substantial and time-consuming task that should be...

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