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REGULATION (EC) No 882/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 37, 95 and 152(4)(b) thereof,

Having regard to the proposal from the Commission 1,

Having regard to the Opinion of the European Economic and Social Committee (1),

Having regard to the Opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

HAVE ADOPTED THIS REGULATION:

TITLE I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter and scope

1.   This Regulation lays down general rules for the performance of official controls to verify compliance with rules aiming, in particular, at:

2.   This Regulation shall not apply to official controls for the verification of compliance with the rules on common market organisations of agricultural products.

3.   This Regulation shall be without prejudice to specific Community provisions concerning official controls.

4.   The performance of official controls pursuant to this Regulation shall be without prejudice to feed and food business operators' primary legal responsibility for ensuring feed and food safety, as laid down in Regulation (EC) No 178/2002, and any civil or criminal liability arising from the breach of their obligations.

Article 2

Definitions

For the purposes of this Regulation, the definitions laid down in Articles 2 and 3 of Regulation (EC) No 178/2002 shall apply.

The following definitions shall also apply:

TITLE II

OFFICIAL CONTROLS BY MEMBER STATES

CHAPTER I:   GENERAL OBLIGATIONS

Article 3

General obligations with regard to the organisation of official controls

1.   Member States shall ensure that official controls are carried out regularly, on a risk basis and with appropriate frequency, so as to achieve the objectives of this Regulation taking account of:

2.   Official controls shall be carried out without prior warning, except in cases such as audits where prior notification of the feed or food business operator is necessary.

Official controls may also be carried out on an ad hoc basis.

3.   Official controls shall be carried out at any of the stages of production, processing and distribution of feed or food and of animals and animal products. They shall include controls on feed and food businesses, on the use of feed and food, on the storage of feed and food, on any process, material, substance, activity or operation including transport applied to feed or food and on live animals, required to achieve the objectives of this Regulation.

4.   Official controls shall be applied, with the same care, to exports outside the Community, to the placing on the market within the Community, and to introductions from third countries into the territories referred to in Annex I.

5.   Member States shall take all necessary measures to ensure that products intended for dispatch to another Member State are controlled with the same care as those intended to be placed on the market in their own territory.

6.   The competent authority of the Member State of destination may check compliance of feed and food with feed and food law by means of non-discriminatory checks. To the extent strictly necessary for the organisation of the official controls, Member States may ask operators who have goods delivered to them from another Member State to report the arrival of such goods.

7.   If, during a check carried out at the place of destination or during storage or transport, a Member State establishes non-compliance, it shall take the appropriate measures, which may include re-dispatch to the Member State of origin.

CHAPTER II:   COMPETENT AUTHORITIES

Article 4

Designation of competent authorities and operational criteria

1.   Member States shall designate the competent authorities responsible for the purposes and official controls set out in this Regulation.

2.   The competent authorities shall ensure:

3.   When a Member State confers the competence to carry out official controls on an authority or authorities other than a central competent authority, in particular those at regional or local level, efficient and effective coordination shall be ensured between all the competent authorities involved, including where appropriate in the field of environmental and health protection.

4.   Competent authorities shall ensure the impartiality, quality and consistency of official controls at all levels. The criteria listed in paragraph 2 must be fully respected by every authority on which the competence to carry out official controls is conferred.

5.   When, within a competent authority, more than one unit is competent to carry out official controls, efficient and effective coordination and cooperation shall be ensured between the different units.

6.   Competent authorities shall carry out internal audits or may have external audits carried out, and shall take appropriate measures in the light of their results, to ensure that they are achieving the objectives of this Regulation. These audits shall be subject to independent scrutiny and shall be carried out in a transparent manner.

7.   Detailed rules for the implementation of this Article may be adopted in accordance with the procedure referred to in Article 62(3).

Article 5

Delegation of specific tasks related to official controls

1.   The competent authority may delegate specific tasks related to official controls to one or more control bodies in accordance with paragraphs 2 to 4.

A list of tasks that may or may not be delegated may be established in accordance with the procedure referred to in Article 62(3).

However, the activities referred to in Article 54 shall not be the subject of such a delegation.

2.   The competent authority may delegate specific tasks to a particular control body only if:

3.   Competent authorities delegating specific tasks to control bodies shall organise audits or inspections of control bodies as necessary. If, as a result of an audit or an inspection, it appears that such bodies are failing to carry out properly the tasks delegated to them, the delegating competent authority may withdraw the delegation. It shall withdraw it without delay if the control body fails to take appropriate and timely remedial action.

4.   Any Member State wishing to delegate a specific control task to a control body shall notify the Commission. This notification shall provide a detailed description of:

Article 6

Staff performing official controls

The competent authority shall ensure that all of its staff performing official controls:

Article 7

Transparency and Confidentiality

1.   The competent authorities shall ensure that they carry out their activities with a high level of transparency. For that purpose, relevant information held by them shall be made available to the public as soon as possible.

In general, the public shall have access to:

2.   The competent authority shall take steps to ensure that members of their staff are required not to disclose information acquired when undertaking their official control duties which by its nature is covered by professional secrecy in duly justified cases. Protection of professional secrecy shall not prevent the dissemination by the competent authorities of information referred to in paragraph l(b). The rules of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (34) remain unaffected.

3.   Information covered by professional secrecy includes in particular:

Article 8

Control and verification procedures

1.   Competent authorities shall carry out official controls in accordance with documented procedures. These procedures shall contain information and instructions for staff performing official controls including, inter alia, the areas referred to in Annex II, Chapter II.

2.   Member States shall ensure that they have legal procedures in place in order to ensure that staff of the competent authorities have access to premises of and documentation kept by feed and food business operators so as to be able to accomplish their tasks properly.

3.   Competent authorities shall have procedures in place:

4.   The Commission may establish guidelines for official controls in accordance with the procedure referred to in Article 62 (2).

The guidelines may, in particular, contain recommendations concerning official controls on:

Article 9

Reports

1.   The competent authority shall draw up reports on the official controls that it has carried out.

2.   These reports shall include a description of the purpose of the official controls, the control methods applied, the results of the official controls and, where appropriate, action that the business operator concerned is to take.

3.   The competent authority shall provide the business operator concerned with a copy of the report referred to in paragraph 2, at least in case of non-compliance.

Article 10

Control activities, methods and techniques

1.   Tasks related to official controls shall, in general, be carried out using appropriate control methods and techniques such as monitoring, surveillance, verification, audit, inspection, sampling and analysis.

2.   Official controls on feed and food shall include, inter alia, the following activities:

CHAPTER III:   SAMPLING AND ANALYSIS

Article 11

Methods of sampling and analysis

1.   Sampling and analysis methods used in the context of official controls shall comply with relevant Community rules or,

2.   Where paragraph 1 does not apply, validation of methods of analysis may take place within a single laboratory according to an internationally accepted protocol.

3.   Wherever possible, methods of analysis shall be characterised by the appropriate criteria set out in Annex III.

4.   The following implementing measures may be taken in accordance with the procedure referred to in Article 62(3):

5.   The competent authorities shall establish adequate procedures in order to guarantee the right of feed and food business operators whose products are subject to sampling and analysis to apply for a supplementary expert opinion, without prejudice to the obligation of competent authorities to take prompt action in case of emergency.

6.   In particular, they shall ensure that feed and food business operators can obtain sufficient numbers of samples for a supplementary expert opinion, unless impossible in case of highly perishable products or very low quantity of available substrate.

7.   Samples must be handled and labelled in such a way as to guarantee both their legal and analytical validity.

Article 12

Official laboratories

1.   The competent authority shall designate laboratories that may carry out the analysis of samples taken during official controls.

2.   However, competent authorities may only designate laboratories that operate and are assessed and accredited in accordance with the following European Standards:

taking into account criteria for different testing methods laid down in Community feed and food law.

3.   The accreditation and assessment of testing laboratories referred to in paragraph 2 may relate to individual tests or groups of tests.

4.   The competent authority may cancel the designation referred to in paragraph 1 when the conditions referred to in paragraph 2 are no longer fulfilled.

CHAPTER IV:   CRISIS MANAGEMENT

Article 13

Contingency plans for feed and food

1.   For the implementation of the general plan for crisis management referred to in Article 55 of Regulation (EC) No 178/2002, Member States shall draw up operational contingency plans setting out measures to be implemented without delay when feed or food is found to pose a serious risk to humans or animals either directly or through the environment.

2.   These contingency plans shall specify:

3.   Member States shall review these contingency plans as appropriate, particularly in the light of changes in the organisation of the competent authority and of experience, including experience gained from simulation exercises.

4.   Where necessary, implementing measures may be adopted in accordance with the procedure referred to in Article 62(3). Such measures shall establish harmonised rules for contingency plans to the extent necessary to ensure that such plans are compatible with the general plan for crisis management referred to in Article 55 of Regulation (EC) No 178/2002. They shall also indicate the role of stakeholders in the establishment and operation of contingency plans.

CHAPTER V:   OFFICIAL CONTROLS ON THE INTRODUCTION OF FEED AND FOOD FROM THIRD COUNTRIES

Article 14

Official controls on feed and food of animal origin

1.   This Regulation shall not affect the requirements for veterinary checks on feed and food of animal origin provided for in Directive 97/78/EC. However, the competent authority designated in accordance with Directive 97/78/EC shall, in addition, carry out official controls to verify compliance with aspects of feed or food law that that Directive does not cover, as appropriate, including those aspects referred to in Title VI, Chapter II of this Regulation.

2.   The general rules of Articles 18 to 25 of this Regulation shall also apply to official controls on all feed and food, including feed and food of animal origin.

3.   Satisfactory results of checks on goods that are:

shall neither affect the duty of feed and food business operators to ensure that feed and food comply with feed and food law from the moment of release for free circulation nor prevent further official controls on the feed or food concerned from being carried out.

Article 15

Official controls on feed and food of non-animal origin

1.   The competent authority shall carry out regular official controls on feed and food of non-animal origin not included in the scope of Directive 97/78/EC, imported into the territories referred to in Annex I. It shall organise these controls on the basis of the multi-annual national control plan drawn up in accordance with Articles 41 to 43 and in the light of potential risks. The controls shall cover all aspects of feed and food law.

2.   These controls shall be carried out at an appropriate place, including the point of entry of the goods into one of the territories referred to in Annex I, the point of release for free circulation, warehouses, the premises of the importing feed and food business operator, or other points of the feed and food chain.

3.   These controls may also be carried out on goods that are:

4.   Satisfactory results of checks referred to in paragraph 3 shall neither affect the duty of feed and food business operators to ensure that feed and food comply with feed and food law from the moment of release for free circulation nor prevent further official controls on the feed or food concerned from being carried out.

5.   A list of feed and food of non-animal origin that is, on the basis of known or emerging risk, to be subject to an increased level of official controls at the point of entry into territories referred to in Annex I shall be drawn up and updated, in accordance with the procedure referred to in Article 62(3). The frequency and nature of these controls shall be laid down in accordance with the same procedure. At the same time, the fees related to such controls may be established in accordance with the same procedure.

Article 16

Types of checks on feed and food of non-animal origin

1.   The official controls referred to in Article 15(1) shall include at least a systematic documentary check, a random identity check and, as appropriate, a physical check.

2.   Physical checks shall be carried out at a frequency depending on:

3.   The Member States shall ensure that physical checks are carried out under appropriate conditions and at a place with access to appropriate control facilities allowing investigations to be conducted properly, a number of samples adapted to the risk management to be taken, and the feed and food to be handled hygienically. Samples must be handled in such a way as to guarantee both their legal and analytical validity. Member States shall ensure that the equipment and methodology are adequate for measuring the limit values laid down under Community or national legislation.

Article 17

Points of entry and prior notification

1.   Member States shall, for the organisation of the official controls referred to in Article 15(5):

Member States may apply the same rules for other feed of non-animal origin.

2.   Member States shall inform the Commission and other Member States of any measures that they take in accordance with paragraph 1.

They shall design those measures in such a way as to avoid unnecessary disruption of trade.

Article 18

Action in case of suspicion

In case of suspicion of non-compliance or if there is doubt as to the identity or the actual destination of the consignment, or as to the correspondence between the consignment and the certified guarantees, the competent authority shall carry out official controls in order to confirm or to eliminate the suspicion or doubt. The competent authority shall place the consignment concerned under official detention until it obtains the results of such official controls.

Article 19

Action following official controls on feed and food from third countries

1.   The competent authority shall place under official detention feed or food from third countries that does not comply with feed or food law and, having heard the feed or food business operators responsible for the consignment, it shall take the following measures in respect of such feed or food:

2.   If, however:

3.   When it does not permit the introduction of feed or food, the competent authority shall notify the Commission and other Member States of its findings and of the identification of the products concerned in accordance with the procedure provided for in Article 50(3) of Regulation (EC) No 178/2002 and shall notify its decisions to the customs services, together with information as regards the final destination of the consignment.

4.   Decisions on consignments shall be subject to the right of appeal referred to in Article 54(3).

Article 20

Special treatment

1.   The special treatment referred to in Article 19 may include:

2.   The competent authority shall ensure that special treatment takes place in establishments under its control, or under the control of another Member State, and in accordance with conditions laid down in accordance with the procedure referred to in Article 62(3) or, in the absence of such conditions, with national rules.

Article 21

Re-dispatch of consignments

1.   The competent authority shall allow re-dispatch of consignments only if:

2.   Without prejudice to the national rules applicable with respect to the time limits for applying for a supplementary expert opinion, and where the results of official controls do not preclude it, re-dispatch shall, as a general rule, take place no more than 60 days after the day on which the competent authority decided on the destination of the consignment, unless legal action has been undertaken. If, after the expiry of the 60 day period, re-dispatch does not take place, the consignment shall be destroyed, unless a delay is justified.

3.   Pending re-dispatch of consignments or confirmation of the reasons for rejection, the competent authority shall place consignments under official detention.

4.   The competent authority shall notify the Commission and other Member States in accordance with the procedure provided for in Article 50(3) of Regulation (EC) No 178/2002 and shall notify its decisions to the customs services. Competent authorities shall cooperate in accordance with Title IV to take any further measures necessary to ensure that it is not possible to reintroduce the rejected consignments into the Community.

Article 22

Costs

The feed or food business operator responsible for the consignment or its representative shall be liable for the costs incurred by competent authorities for the activities referred to in Articles 18, 19, 20 and 21.

Article 23

Approval of pre-export checks by third countries

1.   Specific pre-export checks that a third country carries out on feed and food immediately prior to export to the Community with a view to verifying that the exported products satisfy Community requirements may be approved in accordance with the procedure referred to in Article 62(3). The approval may apply only to feed and food originating in the third country concerned and may be granted for one or more products.

2.   Where such approval has been granted, the frequency of import controls for feed or food may be reduced as a consequence. However, Member States shall carry out official controls on feed and food imported in accordance with the approval referred to in paragraph 1 so as to ensure that the pre-export checks carried out in the third country remain effective.

3.   The approval referred to in paragraph 1 may only be granted to a third country if:

4.   The approval referred to in paragraph 1 shall specify the competent authority of the third country under the responsibility of which the pre-export checks are performed and, if appropriate, any control body to which that competent authority may delegate certain tasks. Such delegation may be approved only if it meets the criteria of Article 5 or equivalent conditions.

5.   The competent authority and any control body specified in the approval shall be responsible for contacts with the Community.

6.   The competent authority or control body of the third country shall ensure the official certification of each consignment checked prior to its entry into one of the territories referred to in Annex I. The approval referred to in paragraph 1 shall specify a model for such certificates.

7.   Without prejudice to Article 50(3) of Regulation (EC) No 178/2002, when official controls on imports subject to the procedure referred to in paragraph 2 reveal significant non-compliance, Member States shall immediately notify the Commission and other Member States and the operators concerned in accordance with the procedure provided for in Title IV of this Regulation; Member States shall increase the number of consignments checked and, where necessary to allow a proper analytical examination of the situation, keep an appropriate number of samples under appropriate storage conditions.

8.   If it is found that, in a significant number of consignments, the goods do not correspond to the information in the certificates that the competent authority or control body of the third country has issued, the reduced frequency referred to in paragraph 2 shall no longer apply.

Article 24

Competent authorities and customs services

1.   For the organisation of the official controls referred to in this Chapter, the competent authorities and the customs services shall cooperate closely.

2.   With regard to consignments of feed and food of animal origin and of feed and food referred to in Article 15(5), customs services shall not allow their entry or handling in free zones or free warehouses without the agreement of the competent authority.

3.   Where samples are taken, the competent authority shall inform the customs services and the operators concerned and indicate whether or not the goods can be released before the results of the analysis of the samples are available, provided the traceability of the consignment is ensured.

4.   In the case of release for free circulation, competent authorities and customs services shall work together in accordance with the requirements laid down in Articles 2 to 6 of Regulation (EEC) No 339/93.

Article 25

Implementing measures

1.   Measures necessary to ensure the uniform implementation of official controls on the introduction of feed and food shall be laid down in accordance with the procedure referred to in Article 62(3).

2.   In particular, detailed rules may be laid down for:

CHAPTER VI:   FINANCING OF OFFICIAL CONTROLS

Article 26

General principle

Member States shall ensure that adequate financial resources are available to provide the necessary staff and other resources for official controls by whatever means considered appropriate, including through general taxation or by establishing fees or charges.

Article 27

Fees or charges

1.   Member States may collect fees or charges to cover the costs occasioned by official controls.

2.   However, as regards the activities referred to in Annex IV, section A, and Annex V, section A, Member States shall ensure the collection of a fee.

3.   Without prejudice to paragraphs 4 and 6, fees collected as regards the specific activities mentioned in Annex IV, section A and Annex V, section A shall not be lower than the minimum rates specified in Annex IV, section B and Annex V, section B. However, for a transitional period until 1 January 2008, as regards the activities referred to in Annex IV, section A, Member States may continue to use the rates currently applied pursuant to Directive 85/73/EEC.

The rates in Annex IV, Section B and Annex V, Section B shall be updated at least every two years, in accordance with the procedure referred to in Article 62(3), in particular to take account of inflation.

4.   Fees collected for the purposes of official controls in accordance with paragraph 1 or 2:

5.   In setting the fees Member States shall take into consideration:

6.   When, in view of own-check and tracing systems implemented by the feed or food business as well as of the level of compliance found during official controls, for a certain type of feed or food or activities, official controls are carried out with a reduced frequency or to take account of the criteria referred to in paragraph 5(b) to (d), Member States may set the official control fee below the minimum rates referred to in paragraph 4(b), provided that the Member State concerned provides the Commission with a report specifying:

7.   When the competent authority carries out several official controls at the same time in a single establishment, it shall consider these controls as a single activity and charge a single fee.

8.   Fees relating to import controls are to be paid by the operator or his representative to the competent authority in charge of import controls.

9.   Fees shall not directly or indirectly be refunded, unless unduly collected.

10.   Without prejudice to the costs deriving from the expenses referred to in Article 28, Member States shall not collect any fees other than those referred to in this Article for the implementation of this Regulation.

11.   Operators or other relevant businesses or their representatives shall receive proof of their payment of fees.

12.   The Member States shall make public the method of calculation of fees and communicate it to the Commission. The Commission shall examine whether the fees comply with the requirements of this Regulation.

Article 28

Expenses arising from additional official controls

When the detection of non-compliance leads to official controls that exceed the competent authority's normal control activities, the competent authority shall charge the operators responsible for the non-compliance, or may charge the operator owning or keeping the goods at the time when the additional official controls are carried out, for the expenses arising from the additional official controls. Normal control activities are the routine control activities required under Community or national law and, in particular, those described in the plan provided for in Article 41. Activities that exceed normal control activities include the taking and analysis of samples as well as other controls that are required to check the extent of a problem, to verify whether corrective action has been taken, or to detect and/or substantiate non-compliance.

Article 29

Level of expenses

When setting the level of expenses referred to in Article 28, account shall be taken of the principles laid down in Article 27.

CHAPTER VII:   OTHER PROVISIONS

Article 30

Official certification

1.   Without prejudice to requirements concerning official certification adopted for animal health or animal welfare purposes, requirements may be adopted, in accordance with the procedure referred to in Article 62(3), concerning:

2.   Where official certification is required, it shall be ensured that:

3.   A single model certificate shall, where appropriate, combine requirements concerning the official certification of feed and food and other requirements for official certification.

Article 31

Registration/approval of feed and food business establishments

TITLE III

REFERENCE LABORATORIES

Article 32

Community reference laboratories

1.   The Community reference laboratories for feed and food referred to in Annex VII shall be responsible for:

2.   The Community reference laboratories in the animal health sector shall be responsible for:

3.   Article 12(2) and (3) shall apply to Community reference laboratories.

4.   Community reference laboratories shall fulfil the following requirements. They must:

5.   Other Community reference laboratories relevant to the areas referred to in Article 1 may be included in Annex VII in accordance with the procedure referred to in Article 62(3). In accordance with the same procedure, Annex VII may be updated.

6.   Additional responsibilities and tasks for Community reference laboratories may be laid down in accordance with the procedure referred to in Article 62(3).

7.   Community reference laboratories may be granted a Community financial contribution in accordance with Article 28 of Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (38).

8.   Community reference laboratories may be subject to Community controls to verify compliance with the requirements of this Regulation. If these controls find that a laboratory is not complying with those requirements or tasks for which they have been designated, necessary measures may be taken in accordance with the procedure referred to in Article 62(3).

9.   Paragraphs 1 to 7 shall apply without prejudice to more specific rules, and in particular Chapter VI of Regulation (EC) No 999/2001 and Article 14 of Directive 96/23/EC.

Article 33

National reference laboratories

1.   Member States shall arrange for the designation of one or more national reference laboratories for each Community reference laboratory referred to in Article 32. A Member State may designate a laboratory situated in another Member State or European Free Trade Association (EFTA) Member and a single laboratory may be the national reference laboratory for more than one Member State.

2.   These national reference laboratories shall:

3.   Article 12(2) and (3) shall apply to national reference laboratories.

4.   Member States shall communicate the name and address of each national reference laboratory to the Commission, the relevant Community reference laboratory and other Member States.

5.   Member States that have more than one national reference laboratory for a Community reference laboratory must ensure that these laboratories work closely together, so as to ensure efficient coordination between them, with other national laboratories and with the Community reference laboratory.

6.   Additional responsibilities and tasks for national reference laboratories may be laid down in accordance with the procedure referred to in Article 62(3).

7.   Paragraphs 1 to 5 shall apply without prejudice to more specific rules and in particular Chapter VI of Regulation (EC) No 999/2001 and Article 14 of Directive 96/23/EC.

TITLE IV

ADMINISTRATIVE ASSISTANCE AND COOPERATION IN THE AREAS OF FEED AND FOOD

Article 34

General principles

1.   Where the outcome of official controls on feed and food requires action in more than one Member State, competent authorities in the Member States concerned shall provide each other with administrative assistance.

2.   Competent authorities shall provide administrative assistance upon request, or spontaneously when the course of investigations so requires. Administrative assistance may include, where appropriate, participation in on-the-spot controls that the competent authority of another Member State carries out.

3.   Articles 35 to 40 shall not prejudice national rules applicable to the release of documents that are the object of, or are related to, court proceedings, or rules aimed at the protection of natural or legal persons' commercial interests.

Article 35

Liaison bodies

1.   Each Member State shall designate one or more liaison bodies to liaise as appropriate with other Member States' liaison bodies. The role of liaison bodies shall be to assist and coordinate communication between competent authorities and, in particular, the transmission and reception of requests for assistance.

2.   Member States shall inform the Commission and other Member States of all the relevant details of their designated liaison bodies, and of any modification of these details.

3.   Without prejudice to paragraph 1, the designation of liaison bodies shall not preclude direct contacts, exchange of information or cooperation between the staff of competent authorities in different Member States.

4.   The competent authorities to which Council Directive 89/608/EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure correct application of the legislation on veterinary and zootechnical matters (39) applies, shall liaise as appropriate with the authorities operating under this Title.

Article 36

Assistance on request

1.   Upon receiving a reasoned request, the requested competent authority shall ensure that the requesting competent authority is provided with all necessary information and documents enabling the latter to verify compliance with feed and food law within its jurisdiction. For that purpose, the requested competent authority shall arrange for the conduct of any administrative enquiries necessary to obtain such information and documents.

2.   Information and documents provided pursuant to paragraph 1 shall be forwarded without undue delay. Documents may be transmitted in their original form or copies may be provided.

3.   By agreement between the requesting authority and the requested authority, staff designated by the requesting authority may be present during administrative enquiries.

Such enquiries shall always be carried out by staff of the requested authority.

The requesting authority's staff may not, on their own initiative, exercise the powers of enquiry conferred on officials of the requested authority. They shall, however, have access to the same premises and documents as the latter, through their intermediary, and for the sole purpose of the administrative enquiry being carried out.

4.   Staff of the requesting authority present in another Member State in accordance with paragraph 3 shall at all times be able to produce written authority stating their identity and their official capacity.

Article 37

Assistance without request

1.   When a competent authority becomes aware of non-compliance, and if such non-compliance may have implications for another Member State or States, it shall pass such information to the other Member State(s) without prior request and without delay.

2.   Member States receiving such information shall investigate the matter and inform the Member State that provided the information of the results of this investigation and, where appropriate, of any measures taken.

Article 38

Assistance in the event of non-compliance

1.   If, during an official control carried out at the place of destination of the goods, or during their transport, the competent authority of the Member State of destination establishes that the goods do not comply with feed or food law in such a way as to create a risk to human or animal health or to constitute a serious infringement of feed or food law, it shall contact the competent authority of the Member State of dispatch without delay.

2.   The competent authority of the Member State of dispatch shall investigate the matter, take all necessary measures and notify the competent authority of the Member State of destination of the nature of the investigations and official controls carried out, the decisions taken and the reasons for such decisions.

3.   If the competent authority of the Member State of destination has reason to believe that such measures are inadequate, the two Member States' competent authorities shall together seek ways and means of remedying the situation including, if appropriate, a joint on-the-spot inspection carried out in accordance with Article 36(3) and (4). They shall inform the Commission if they are not able to agree on appropriate measures.

Article 39

Relations with third countries

1.   When a competent authority receives information from a third country indicating non-compliance and/or a risk to human or animal health, that authority shall pass that information on to competent authorities in other Member States if it considers that they might be interested in it or if they request it. It shall also communicate such information to the Commission whenever it is of relevance at Community level.

2.   If the third country has given a legal undertaking to provide the assistance required to gather evidence of the irregular nature of transactions that are or appear to be contrary to the relevant feed and food law, information obtained under this Regulation may be communicated to that third country, with the consent of the competent authorities that supplied the information, in accordance with laws applying to the communication of personal data to third countries.

Article 40

Coordinated assistance and follow up by the Commission

1.   The Commission shall coordinate without delay the action undertaken by Member States when it, further to information received from Member States or from other sources, becomes aware of activities that are, or appear to be, contrary to feed or food law and are of particular interest at Community level, and in particular when:

2.   When official controls at destination show repeated non-compliance or other risks to humans, plants or animals from feed or food, either directly or through the environment, the competent authority of the Member State of destination shall inform the Commission and the competent authorities of the other Member States without delay.

3.   The Commission may:

4.   Where the measures provided for in paragraphs 2 and 3 are taken to deal with repeated non-compliance by a feed or food business, the competent authority shall charge any expenses arising from such measures to the business in question.

TITLE V

CONTROL PLANS

Article 41

Multi-annual national control plans

In order to ensure the effective implementation of Article 17(2) of Regulation (EC) No 178/2002, of animal health and animal welfare rules and of Article 45 of this Regulation, each Member State shall prepare a single integrated multi-annual national control plan.

Article 42

Principles for the preparation of multi-annual national control plans

1.   Member States shall:

2.   Each multi-annual national control plan shall contain general information on the structure and organisation of the systems of feed and food control, and of animal health and animal welfare control in the Member State concerned, in particular on:

3.   Multi-annual national control plans may be adjusted during their implementation. Amendments may be made in the light of, or in order to take account of, factors including:

Article 43

Guidelines for multi-annual national control plans

1.   The multi-annual national control plans referred to in Article 41 shall take account of guidelines to be drawn up by the Commission in accordance with the procedure referred to in Article 62(2). These guidelines shall in particular:

2.   Where necessary, the guidelines shall be adapted in the light of the analysis of annual reports that Member States submit in accordance with Article 44 or Community controls carried out in accordance with Article 45.

Article 44

Annual reports

1.   One year after starting the implementation of multi-annual national control plans, and subsequently every year, Member States shall submit to the Commission a report indicating:

2.   In order to promote the consistent presentation of this report and in particular of the results of official controls, the information referred to in paragraph 1 shall take account of guidelines to be drawn up by the Commission in accordance with the procedure referred to in Article 62(2).

3.   Member States shall finalise their reports and transmit them to the Commission, within six months of the end of the year to which the reports relate.

4.   In the light of the reports referred to in paragraph 1, the outcome of Community controls carried out in accordance with Article 45 and any other relevant information, the Commission shall establish an annual report on the overall operation of official controls in Member States. This report may, where appropriate, include recommendations on:

5.   Multi-annual national control plans and the related guidelines shall, where appropriate, be adapted on the basis of the conclusions and recommendations contained in the Commission's report.

6.   The Commission shall submit its report to the European Parliament and the Council and make it available to the public.

TITLE VI

COMMUNITY ACTIVITIES

CHAPTER I:

COMMUNITY CONTROLS

Article 45

Community controls in Member States

1.   Commission experts shall carry out general and specific audits in Member States. The Commission may appoint experts from Member States to assist its own experts. General and specific audits shall be organised in cooperation with Member States' competent authorities. Audits shall be carried out on a regular basis. Their main purpose shall be to verify that, overall, official controls take place in Member States in accordance with the multi-annual national control plans referred to in Article 41 and in compliance with Community law. For this purpose, and in order to facilitate the efficiency and effectiveness of the audits, the Commission may, in advance of carrying out such audits, request that the Member States provide, as soon as possible, up-to-date copies of national control plans.

2.   Specific audits and inspections in one or more specific areas may supplement general audits. These specific audits and inspections shall in particular serve to:

3.   The Commission shall report on the findings of each control carried out. Its report shall, if appropriate, contain recommendations for Member States on the improvement of compliance with feed and food law and animal health and animal welfare rules. The Commission shall make its reports publicly available. In the case of reports on controls carried out in a Member State, the Commission shall provide the relevant competent authority with a draft report for comments, take those comments into consideration in preparing the final report and publish the competent authority's comments together with the final report.

4.   The Commission shall establish an annual control programme, communicate it to Member States in advance, and report on its results. The Commission may amend the programme to take account of developments in the fields of feed and food safety, animal health, animal welfare and plant health.

5.   Member States shall:

6.   Detailed rules concerning Community controls in Member States may be drawn up or amended in accordance with the procedure referred to in Article 62(3).

Article 46

Community controls in third countries

1.   Commission experts may carry out official controls in third countries in order to verify, on the basis of the information referred to in Article 47(1), the compliance or equivalence of third country legislation and systems with Community feed and food law and Community animal health legislation. The Commission may appoint experts from Member States to assist its own experts. Such official controls shall have particular regard to:

2.   In order to facilitate the efficiency and effectiveness of the controls in a third country, the Commission may, in advance of carrying out such controls, request that the third country concerned provide the information referred to in Article 47(1) and, where appropriate, the written records on the implementation of such controls.

3.   The frequency of Community controls in third countries shall be determined on the basis of:

The criteria for determining risk for the purpose of the risk assessment referred to in point (a) shall be decided in accordance with the procedure referred to in Article 62(3).

4.   The procedure and detailed rules for controls in third countries may be determined or amended in accordance with the procedure referred to in Article 62(3).

They shall include, in particular, procedures for and detailed rules on:

According to the same procedure, charges for the abovementioned controls may be established on a reciprocal basis.

5.   If, during a Community control, a serious risk to human or animal health is identified, the Commission shall immediately take any necessary emergency measures in accordance with Article 53 of Regulation (EC) No 178/2002 or safeguard provisions in other relevant Community legislation.

6.   The Commission shall report on the findings of each Community control carried out. Its report shall, if appropriate, contain recommendations. The Commission shall make its reports publicly available.

7.   The Commission shall communicate its programme of controls in third countries to Member States in advance and report on the results. It may amend the programme to take account of developments in the fields of feed and food safety, animal health and plant health.

CHAPTER II:   IMPORT CONDITIONS

Article 47

General import conditions

1.   The Commission shall be responsible for requesting third countries intending to export goods to the Community to provide the following accurate and up-to-date information on the general organisation and management of sanitary control systems:

2.   The information referred to in paragraph 1 shall be proportionate to the nature of the goods and may take account of the specific situation and structure of the third country and the nature of the products exported to the Community. Its scope shall cover at least the goods intended to be exported to the Community.

3.   The information referred to in paragraphs 1 and 2 may also relate to:

4.   Where a third country does not provide such information or where such information is inadequate, specific import conditions may be fixed in accordance with the procedure referred to in Article 62(3) on a case by case and strictly temporary basis following consultations with the third country concerned.

5.   Guidelines, specifying how the information referred to in paragraphs 1, 2 and 3 shall be drawn up and presented to the Commission, as well as transitional measures allowing time for third countries to prepare this information shall be established in accordance with the procedure referred to in Article 62(2).

Article 48

Specific import conditions

1.   To the extent that the conditions and detailed procedures to be respected when importing goods from third countries or their regions are not provided for by Community law and in particular by Regulation (EC) No .../2004 (40), they shall, if necessary, be laid down in accordance with the procedure referred to in Article 62(3).

2.   The conditions and detailed procedures referred to in paragraph 1 may include:

3.   Third countries shall appear on the lists referred to in paragraph 2(a) only if their competent authorities provide appropriate guarantees as regards compliance or equivalence with Community feed and food law and animal health rules.

4.   When drawing up or updating lists, particular account shall be taken of the following criteria:

5.   When adopting the special import conditions referred to in paragraph 2(c), account shall be taken of information that the third countries concerned have provided and, where necessary, the results of Community controls carried out in such third countries. Special import conditions may be established for a single product or for a group of products. They may apply to a single third country, to regions of a third country, or to a group of third countries.

Article 49

Equivalence

1.   Following the implementation of an equivalence agreement, or a satisfactory audit, a decision may be taken, in accordance with the procedure referred to in Article 62(3), recognising that measures that third countries or their regions apply in specific areas offer guarantees equivalent to those applied in the Community, if the third countries supply objective proof in this respect.

2.   The decision referred to in paragraph 1 shall set out the conditions governing the imports from that third country or region of a third country.

The conditions may include:

3.   The decision referred to in paragraph 1 shall be repealed in accordance with the same procedure and without delay where any of the conditions for recognition of equivalence established at the time of its adoption cease to be fulfilled.

Article 50

Support for developing countries

1.   In accordance with the procedure referred to in Article 62(3) the following measures may be adopted and maintained so long as they have a demonstrable effect in ensuring that developing countries are able to comply with the provisions of this Regulation:

2.   In the context of the Community's Development Cooperation Policy, the Commission shall promote support to developing countries with regard to feed and food safety in general and compliance with feed and food standards in particular, in order to build the institutional capacity required to meet the requirements referred to in Articles 5, 12, 47 and 48.

CHAPTER III:   TRAINING OF CONTROL STAFF

Article 51

Training of control staff

1.   The Commission may organise training courses for the staff of the competent authorities of Member States responsible for the official controls referred to in this Regulation. These training courses shall serve to develop a harmonised approach to official controls in Member States. They may include in particular training on:

2.   The training courses referred to in paragraph 1 may be open to participants from third countries, in particular developing countries.

3.   Detailed rules for the organisation of training courses may be laid down in accordance with the procedure referred to in Article 62(3).

Chapter IV:   Other Community activities

Article 52

Third country controls in Member States

1.   Commission experts may, at the request of and in cooperation with the competent authorities of Member States, assist Member States during controls that third countries carry out.

2.   In such cases, Member States in whose territory a third country is to carry out a control shall inform the Commission about the planning, scope, documentation and any other relevant information enabling the Commission to take part effectively in the control.

3.   The Commission's assistance shall serve in particular to:

Article 53

Coordinated control plans

The Commission may recommend coordinated plans in accordance with the procedure referred to in Article 62(2). These plans shall be:

TITLE VII

ENFORCEMENT MEASURES

CHAPTER I:   NATIONAL ENFORCEMENT MEASURES

Article 54

Action in case of non-compliance

1.   When the competent authority identifies non-compliance, it shall take action to ensure that the operator remedies the situation. When deciding which action to take, the competent authority shall take account of the nature of the non-compliance and that operator's past record with regard to non-compliance.

2.   Such action shall include, where appropriate, the following measures:

3.   The competent authority shall provide the operator concerned, or a representative, with:

4.   Where appropriate, the competent authority shall also notify the competent authority of the Member State of dispatch of its decision.

5.   All expenditure incurred pursuant to this Article shall be borne by the responsible feed and food business operator.

Article 55

Sanctions

1.   Member States shall lay down the rules on sanctions applicable to infringements of feed and food law and other Community provisions relating to the protection of animal health and welfare and shall take all measures necessary to ensure that they are implemented. The sanctions provided for must be effective, proportionate and dissuasive.

2.   Member States shall notify the provisions applicable to infringements of feed and food law and any subsequent amendment to the Commission without delay.

Chapter II:   Community enforcement measures

Article 56

Safeguard measures

1.   Measures shall be taken under the procedures provided for in Article 53 of Regulation (EC) No 178/2002 if:

2.   Such measures shall be adopted only after:

TITLE VIII

ADAPTATION OF COMMUNITY LEGISLATION

Article 57

Amendment of Directive 96/23/EC

Directive 96/23/EC is hereby amended as follows:

Article 58

Amendment of Directive 97/78/EC

Directive 97/78/EC is hereby amended as follows:

Article 59

Amendment of Directive 2000/29/EC

The following Article shall be inserted in Directive 2000/29/EC:

"Article 27a

For the purpose of this Directive and without prejudice of Article 21 thereof, Articles 41 to 46 of Regulation (EC) No .../... of the European Parliament and of the Council of ...on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (49) shall apply, as appropriate.

Article 60

Amendment of Regulation (EC) .../... (50)

Regulation (EC) .../... (50) is hereby amended as follows:

Article 61

Repeal of Community acts

1.   Directives 70/373/EEC, 85/591/EEC, 89/397/EEC, 93/99/EEC and 95/53/EC and Decisions 93/383/EEC, 98/728/EC and 1999/313/EC are hereby repealed with effect from 1 January 2006. Directive 85/73/EEC is hereby repealed with effect from 1 January 2008.

2.   However, the implementing rules adopted on the basis of those acts, in particular those referred to in Annex VIII, shall remain in force insofar as they are not in contradiction with this Regulation, pending the adoption of the necessary provisions on the basis of this Regulation.

3.   Reference to the repealed acts shall be construed as references to this Regulation.

TITLE IX

GENERAL PROVISIONS

Article 62

Committee procedure

1.   The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health instituted by Article 58 of Regulation (EC) No 178/2002 or, where dealing with matters mainly relating to plant health, by the Standing Committee on plant health set up by Council Decision 76/894/EEC (56).

2.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be three months.

4.   The Committee shall adopt its rules of procedure.

Article 63

Implementing and transitional measures

1.   Implementing and transitional measures necessary to ensure the uniform application of this Regulation may be laid down in accordance with the procedure referred to in Article 62(3).

This applies in particular to:

2.   In order to take account of the specificity of Regulations (EEC) No 2092/91, (EEC) No 2081/92 and (EEC) No 2082/92, specific measures to be adopted in accordance with the procedure referred to in Article 62(3) may provide for the necessary derogations from and adjustments to the rules laid down in this Regulation.

Article 64

Amendment of Annexes and references to European Standards

In accordance with the procedure referred to in Article 62(3):

Article 65

Report to the European Parliament and the Council

1.   The Commission shall, not later than (57), submit a report to the European Parliament and the Council.

2.   The report shall, in particular, review the experience gained from the application of this Regulation and consider in particular the following issues:

3.   The Commission shall, if appropriate, accompany the report with relevant proposals.

Article 66

Community financial support

1.   The appropriations required for:

shall be authorised each year in the framework of the budgetary procedure.

2.   The measures referred to in paragraph 1(c) shall include in particular the organisation of conferences, the establishment of databases, the publication of information, the organisation of studies and the organisation of meetings to prepare the sessions of the Standing Committee on the Food Chain and Animal Health.

3.   Technical support and a financial contribution from the Community for the organisation of the activities referred to in Article 50 may be granted within the limits of the human and financial. resources available to the Commission.

TITLE X

FINAL PROVISION

Article 67

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2006.

However, Articles 27 and 28 shall apply from 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 29.4.2004.

For the European Parliament

The President

P. COX

For the Council

The President

M. McDOWELL

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(1)OJ C 234, 30.9.2003, p. 25.

(2)OJ C 23, 27.1.2004, p. 14.

(3)  Opinion of the European Parliament of 9 March 2004 (not yet published in the Official Journal) and Council Decision of 26 April 2004.

(4)OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).

(5)OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2004/31/EC (OJ L 85, 23.3.2004, p. 18).

(6)OJ L 198, 22.7.1991, p. 1. Regulation as last amended by Regulation (EC) No 392/2004 (OJ L 65, 3.3.2004, p. 1).

(7)OJ L 208, 24.7.1992, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(8)OJ L 208, 24.7.1992, p. 9. Regulation as last amended by Regulation (EC) No 806/2003.

(9)  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 (OJ L 24, 30.1.1998, p. 9).

(10)  Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries (OJ L 268, 24.9.1991, p. 56). Directive as last amended by Directive 96/43/EC (OJ L 162, 1.7.1996, p. 1).

(11)OJ L 265, 8.11.1995, p. 17. Directive as last amended by Directive 2001/46/EC of the European Parliament and of the Council (OJ L 234, 1.9.2001, p. 55).

(12)OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 2700/2000 of the European Parliament and of the Council (OJ L 311, 12.12.2000, p. 17).

(13)OJ L 40, 17.2.1993, p. 1. Regulation as last amended by Regulation (EC) No 806/2003.

(14)  OJ: Insert reference to Regulation.

(15)OJ L 332, 30.12.1995, p. 15. Directive as last amended by Regulation (EC) No 806/2003.

(16)  Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists, (OJ L 125, 23.5.1996, p. 3). Directive as last amended by Directive 2003/74/EC of the European Parliament and of the Council (OJ L 262, 14.10.2003, p. 17).

(17)  Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products (OJ L 125, 23.5.1996, p. 10). Directive as last amended by Regulation (EC) No 806/2003.

(18)  Regulation (EC) No .../... of the European Parliament and of the Council of [...] laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (OJ: insert Reference to Regulation).

(19)  Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1). Regulation as last amended by Commission Regulation (EC) No 2245/2003 (OJ L 333, 20.12.2003, p. 28).

(20)  Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other food-borne zoonotic agents (OJ L 325, 12.12.2003, p. 1).

(21)  Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (OJ L 221, 7.8.1986, p. 37). Directive as last amended by Commission Directive 2004/2/EC (OJ L 14, 21.01.2004, p. 10).

(22)  Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (OJ L 350, 14.12.1990, p. 71). Directive as last amended by Commission Directive 2004/2/EC.

(23)  Commission Directive 92/1/EEC of 13 January 1992 on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption (OJ L 34, 11.2.1992, p. 28).

(24)  Commission Directive 92/2/EEC of 13 January 1992 laying down the sampling procedure and the Community method of analysis for the official control of the temperatures of quick-frozen foods intended for human consumption (OJ L 34, 11.2.1992, p. 30).

(25)  Council Directive 70/373/EEC of 20 July 1970 on the introduction of Community methods of sampling and analysis for the official control of feedingstuffs (OJ L 170, 3.8.1970, p. 2). Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(26)  Council Directive 85/591/EEC of 20 December 1985 concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption (OJ L 372, 31.12.1985, p. 50). Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(27)  Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs (OJ L 186, 30.6.1989, p. 23).

(28)  Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs (OJ L 290, 24.11.1993, p. 14). Directive as amended by Regulation (EC) No 1882/2003.

(29)  Council Decision 93/383/EEC of 14 June 1993 of reference laboratories for the monitoring of marine biotoxines (OJ L 166, 8.7.1993, p. 31). Decision as amended by Decision 1999/312/EC (OJ L 120, 8.5.1999, p. 37).

(30)  Council Directive 96/43/EC of 26 June 1996 amending and consolidating Directive 85/73/EEC in order to ensure financing of veterinary inspections and controls on live animals and certain animal products (OJ L 162, 1.7.1996, p. 1).

(31)  Council Decision 98/728/EC of 14 December 1998 concerning a Community system for fees in the animal feed sector (OJ L 346, 22.12.1998, p. 51).

(32)  Council Decision 1999/313/EC of 29 April 1999 on reference laboratories for monitoring bacteriological and viral contamination of bivalve molluscs (OJ L 120, 8.5.1999, p. 40).

(33)OJ L 184, 17.7.1999, p. 23.

(34)OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003.

(35)OJ L 145, 31.5.2001, p. 43.

(36)  Note to OJ: Insert No of Regulation from footnote 1 on previous page.

(37)  Regulation (EC) No .../... of the European Parliament and of the Council of, laying down specific hygiene rules for food of animal origin intended for human consumption, and amending Directives 89/662/EEC and 91/67/EEC (OJ L ...).

(38)OJ L 224, 18.8.1990, p. 19. Decision as last amended by Regulation (EC) No 806/2003.

(39)OJ L 351, 2.12.1989, p. 34.

(40)  OJ: Please insert reference to Regulation, as in Recital 45 (between footnotes 2 and 3).

(42)  Note to OJ. Insert No of present Regulation.

(47)  Note to OJ. Insert No of present Regulation.

(48)  Note to OJ. Insert No of present Regulation.

(50)  Note to OJ: insert reference to the relevant Regulation cited in Recital 45 (between footnotes 2 and 3).

(52)  Note to OJ. Insert No of present Regulation.

(53)  Note to OJ. Insert No of present Regulation.

(54)  Note to OJ. Insert No of present Regulation.

(55)  Note to OJ. Insert No of present Regulation.

(56)OJ L 340, 9.12.1976, p. 25.

(57)  Three years after the entry into force of this Regulation.

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ANNEX I

TERRITORIES REFERRED TO IN ARTICLE 2(15)

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ANNEX II

COMPETENT AUTHORITIES

Chapter I:   Subject matter for the training of staff performing official controls

CHAPTER II:   SUBJECT AREAS FOR CONTROL PROCEDURES

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ANNEX III

CHARACTERISATION OF METHODS OF ANALYSIS

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ANNEX IV

ACTIVITIES AND MINIMUM RATES FOR FEES OR CHARGES RELATED TO OFFICIAL CONTROLS IN RELATION TO COMMUNITY ESTABLISHMENTS

SECTION A:   ACTIVITIES

SECTION B:   MINIMUM RATES

Member States shall collect for controls relating to the following list of products, at least the corresponding minimum rates for fees or charges.

CHAPTER I:

MINIMUM RATES FOR FEES OR CHARGES APPLICABLE TO SLAUGHTER INSPECTION

CHAPTER II

MINIMUM RATES FOR FEES OR CHARGES APPLICABLE TO CUTTING PLANTS CONTROLS

Per tonne of meat:

CHAPTER III

MINIMUM RATES FOR FEES OR CHARGES APPLICABLE TO GAME PROCESSING HOUSES

CHAPTER IV

MINIMUM RATES FOR FEES OR CHARGES APPLICABLE TO MILK PRODUCTION

CHAPTER V

MINIMUM RATES FOR FEES OR CHARGES APPLICABLE TO THE PRODUCING AND PLACING ON THE MARKET OF FISHERY PRODUCTS AND AQUACULTURE PRODUCTS

The fees collected on the species referred to in Annex II to Commission Regulation (EEC) No 3703/85 must not exceed EUR 50 per consignment.

Member States will collect 0,5 EUR/tonne for the processing of fishery and aquaculture products.

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ANNEX V

ACTIVITIES AND MINIMUM RATES FOR FEES OR CHARGES RELATED TO THE OFFICIAL CONTROLS OF GOODS AND LIVE ANIMALS INTRODUCED INTO THE COMMUNITY

SECTION A:   ACTIVITIES OR CONTROLS

The activities covered by Directives 97/78/EC and 91/496/EEC for which Member States are currently collecting fees under Directive 85/73/EEC.

SECTION B:   FEES OR CHARGES

CHAPTER I:

Fees applicable to imported meat

The minimum fee rates for the official control on the import of a consignment of meat are fixed at:

CHAPTER II

FEES APPLICABLE TO IMPORTED FISHERY PRODUCTS

CHAPTER III

FEES OR CHARGES APPLICABLE TO MEAT PRODUCTS, POULTRY MEAT, WILD GAME MEAT, RABBIT MEAT, FARMED GAME MEAT, BY-PRODUCTS AND FEED OF ANIMAL ORIGIN

CHAPTER IV

FEES APPLICABLE TO TRANSIT THROUGH THE COMMUNITY OF GOODS AND LIVE ANIMALS

The amount of fees or charges for the official control on the transit of goods and live animals through the Community is fixed at a minimum level of EUR 30, increased by EUR 20 per quarter of an hour for every member of staff involved in the controls.

CHAPTER V

FEES APPLICABLE TO IMPORTED LIVE ANIMALS

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ANNEX VI

CRITERIA TO BE TAKEN INTO CONSIDERATION FOR THE CALCULATION OF FEES

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ANNEX VII

COMMUNITY REFERENCE LABORATORIES

I.   Community reference laboratories for feed and food

II.   Community reference laboratories for animal health

p.m.

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(1)OJ L 268, 18.10.2003, p. 29.

(2)OJ L 268, 18.10.2003, p. 1.

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ANNEX VIII

IMPLEMENTING RULES THAT REMAIN IN FORCE PURSUANT TO ARTICLE 61

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(1)OJ L 155, 12.7.1971, p. 13. Directive as last amended by Commission Directive 1999/27/EC

(OJ L 118, 6.5.1999, p. 36).

(2)OJ L 279, 20.12.1971, p. 7. Directive as last amended by Commission Directive 98/64/EC

(OJ L 257, 19.9.1998, p. 14).

(3)OJ L 123, 29.05.1972, p. 6. Directive as last amended by Commission Directive 1999/79/EC

(OJ L 209, 7.8.1999, p. 23).

(4)OJ L 83, 30.3.1973, p. 21. Directive as last amended by Commission Directive 1999/27/EC.

(5)OJ L 102, 15.4.1976, p. 1.

(6)OJ L 102, 15.4.1976, p. 8. Directive as last amended by Commission Directive 94/14/EC (OJ L 94, 13.4.1994, p. 30).

(7)OJ L 206, 29.7.1978, p. 43. Directive as last amended by Commission Directive 84/4/EEC (OJ L 15, 18.1.1984, p. 28).

(8)OJ L 257, 10.9.1981, p. 38.

(9)OJ L 238, 6.9.1984, p. 34.

(10)OJ L 234, 17.9.1993, p. 17.

(11)OJ L 329, 30.12.1993, p. 54.

(12)OJ L 257, 19.9.1998, p. 14.

(13)OJ L 339, 24.12.2003, p. 78.

(14)OJ L 118, 6.5.1999, p. 36.

(15)OJ L 207, 6.8.1999, p. 13.

(16)OJ L 174, 13.7.2000, p. 32.

(17)OJ L 209, 6.8.2002, p. 15.

(18)OJ L 261, 24.9.1998, p. 32.

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