02016R0759 — EN — 14.12.2019 — 003.002

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►B COMMISSION IMPLEMENTING REGULATION (EU) 2016/759 of 28 April 2016 drawing up lists of third countries, parts of third countries and territories from which Member States are to authorise the introduction into the Union of certain products of animal origin intended for human consumption, laying down certificate requirements, amending Regulation (EC) No 2074/2005 and repealing Decision 2003/812/EC (Text with EEA relevance) (OJ L 126 14.5.2016, p. 13)

Amended by:









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COMMISSION IMPLEMENTING REGULATION (EU) 2016/759

of 28 April 2016

drawing up lists of third countries, parts of third countries and territories from which Member States are to authorise the introduction into the Union of certain products of animal origin intended for human consumption, laying down certificate requirements, amending Regulation (EC) No 2074/2005 and repealing Decision 2003/812/EC

(Text with EEA relevance)







CHAPTER 1

IMPORTS OF CERTAIN PRODUCTS OF ANIMAL ORIGIN

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CHAPTER 2

TRANSIT OF CERTAIN PRODUCTS OF ANIMAL ORIGIN

Article 3

Lists of third countries, parts of third countries and territories

The third countries, parts of third countries and territories from which Member States are to authorise the transit through the Union of raw materials and treated raw materials for the production of gelatine and collagen intended for human consumption bound for a third country, either by immediate transit or after storage in the Union in accordance with Article 12(4) and Article 13 of Council Directive 97/78/EC ( 1 ), are set out in Parts IV and V of Annex I to this Regulation, respectively.

Article 4

Model certificate

1. The model certificate for the transit through the Union of the raw materials and treated raw materials referred to in Article 3 is set out in Annex III.

That certificate must be completed in accordance with the notes set out in Annex IV and in the relevant model certificate.

2. Electronic certification and other systems harmonised at Union level may be used.

Article 5

Derogation for transit through Latvia, Lithuania and Poland

1. By way of derogation from Article 3, transit by road or by rail between the specific, designated border inspection posts in Latvia, Lithuania and Poland, listed and marked with special remark 13 in Annex I to Commission Decision 2009/821/EC ( 2 ), of consignments of the raw materials or treated raw materials referred to in Article 3 of this Regulation coming from and bound for Russia, directly or via another third country, shall be authorised where the following conditions are met:

(a) the consignment is sealed with a serially numbered seal by the official veterinarian at the border inspection post of entry.

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CHAPTER 3

FINAL PROVISIONS

Article 6

Amendment

Annex VI to Regulation (EC) No 2074/2005 is amended as follows:

(1) in Section I, Chapters I, II, III and VI are deleted;

(2) Appendices I, II, III and VI are deleted.

Article 7

Repeal

Decision 2003/812/EC is repealed.

Article 8

Transitional provisions

Consignments of products of animal origin in respect of which the relevant certificates have been issued in accordance with Regulation (EC) No 2074/2005 may continue to be introduced into the Union provided that the certificate was signed before 3 December 2016.

Article 9

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.

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

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ANNEX III

MODEL CERTIFICATE FOR THE TRANSIT THROUGH THE UNION, IMMEDIATE TRANSIT OR AFTER STORAGE, FOR RAW MATERIALS OR TREATED RAW MATERIALS FOR THE PRODUCTION OF GELATINE/COLLAGEN FOR HUMAN CONSUMPTION









ANNEX IV

EXPLANATORY NOTES FOR COMPLETING THE CERTIFICATES

(referred to in Articles 2(1) and 4(1))

(a) Certificates shall be issued by the exporting third country, based on the models set out in Annexes II and III according to the layout of the model that corresponds to the products of animal origin concerned. They shall contain, in the numbered order that appears in the model, the attestations that are required for any third country and, as the case may be, those supplementary guarantees that are required for the exporting third country or part thereof. If the Member State of destination imposes, for the products of animal origin concerned, additional certification requirements, attestations to certify that those requirements are fulfilled shall also be incorporated in the original form of the certificate.

(b) Where the model certificate states that certain statements shall be kept as appropriate, statements which are not relevant, may be crossed out nd initialled and stamped by the certifying officer, or completely deleted from the certificate.

(c) A separate and unique certificate must be provided for the products of animal origin that are exported from a territory or territories or zone or zones of the same exporting country listed or referred to in Annex I which are consigned to the same destination and transported in the same railway wagon, lorry, aircraft or ship.

(d) The original of each certificate shall consist of a single sheet of paper, or, where more text is required it must be in such a form that all sheets of paper required are part of an integrated whole and indivisible.

(e) The certificate shall be drawn up in at least one of the official languages of the Member State of the border inspection post of entry of the consignment into the EU and of the Member State of destination. However, those Member States may authorise the certificate to be drawn up in the official language of another Member State, and accompanied, if necessary, by an official translation.

(f) If for reasons of identification of the items of the consignment (schedule in point I.28 of the model certificate), additional sheets of paper are attached to the certificate, those sheets of paper shall also be considered as forming part of the original of the certificate by the application of the signature and stamp of the certifying officer, on each of the pages.

(g) When the certificate, including additional sheets of paper referred to in (f), comprises more than one page, each page shall be numbered, (page number) of (total number of pages), at the end of the page and shall bear the certificate reference number that has been designated by the competent authority at the top of the pages.

(h) The original of the certificate must be completed and signed by an official veterinarian or by another designated official inspector where this is provided for in the model certificate. The competent authorities of the exporting third country shall ensure that rules of certification equivalent to those laid down in Council Directive 96/93/EC ( 3 ) are followed. The colour of the signature shall be different from that of the printing. This requirement also applies to stamps other than those embossed or watermarked.

(i) The certificate reference number referred to in boxes I.2 and II.a. must be issued by the competent authority.