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)
Modified by
Commission Regulation (EC) No 1792/2006of 23 October 2006adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement of persons, competition policy, agriculture (veterinary and phytosanitary legislation), fisheries, transport policy, taxation, statistics, social policy and employment, environment, customs union, and external relations by reason of the accession of Bulgaria and Romania, 306R1792, December 20, 2006
Commission Regulation (EC) No 136/2004of 22 January 2004laying 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 countriesOJ L 24, 30.1.1998, p. 9., 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from third countries were laid down in Council Directive 90/675/EECOJ L 373, 31.12.1990, p. 1., which has been repealed and replaced by Directive 97/78/EC.(2)In the light of experience gained since the adoption of Directive 90/675/EEC, there have been some changes to procedures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 countriesOJ L 9, 15.1.1993, p. 33., as last amended by Decision 2003/279/ECOJ L 101, 23.4.2003, p. 14., 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 CommunityOJ L 64, 11.3.2000, p. 20., 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 transportOJ L 240, 23.9.2000, p. 14..(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 automated by electronic means wherever possible.(9)In addition to the efficient gathering of the pertinent information among all the appropriate operators, the competent authority should be allowed to have access to the relevant databases of the customs authorities. All the operators should be integrated to this system of databases to ensure the availability of updated information by those involved.(10)Certain plant products posing a risk of spreading infectious or contagious diseases to animals should be subjected to veterinary checks. A list of such products should be drawn up together with a list of third countries or parts of third countries which may be authorised to export those products to the Community.(11)For small amounts of products of animal origin being carried for their personal consumption by passengers arriving from third countries, exemptions from the requirements of veterinary checks procedures are possible. Certain of those products are the subject of a safeguard measure in accordance with Commission Decision 2002/995/EC of 9 December 2002 laying down interim safeguard measures with regard to imports of products of animal origin for personal consumptionOJ L 353, 30.12.2002, p. 1.. Reference to those measures should be retained pending the adoption of permanent rules in this sector.(12)The measures in this Regulation replace those laid down in Decision 93/13/EEC and that decision should therefore be repealed.(13)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS REGULATION: