Commission Directive 98/68/EC of 10 September 1998 laying down the standard document referred to in Article 9(1) of Council Directive 95/53/EC and certain rules for checks at the introduction into the Community of feedingstuffs from third countries (Text with EEA relevance)
Date: 1998-09-10
Institutions: European Commission
Subjects: EU control, animal nutrition, food inspection, import, third country, transport document

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Official Journal of the European Communities

24. 9. 98

COMMISSION DIRECTIVE 98/68/EC

of 10 September 1998

laying down the standard document referred to in Article 9(1) of Council
Directive 95/53/EC and certain rules for checks at the introduction into the
Community of feedingstuffs 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 95/53/EC of 25
October 1995 fixing the principles governing the organ-
isation of official inspections in the field of animal nutri-
tion (1), and in particular Article 9(2) thereof,

Whereas when products are introduced into the customs
territory of the Community and are not released for free
circulation in the territory of the Member State which
the checks the competent authority shall
carries out
provide the person concerned with a document indicating
the type of check carried out and its outcome;

Whereas rules should be adopted for the compilation and
the delivery of the document;

Whereas in defining the layout of the document it should
be taken into account the future possibility of an eventual
electronic transmission of the information contained in it;

Whereas this uniform approach allows the document to
be drawn up only in one of the official langauges of the
Community;

Whereas
a close cooperation between the customs
authority and the competent authority in the field of
animal nutrition must be established in order to ensure
that inspection procedures are not eluded;

Whereas the measures provided for in this Directive are
in accordance with the opinion of
the Standing
Committee for Feedingstuffs,

HAS ADOPTED THIS DIRECTIVE:

Article 1

1.
The document referred to in Article 9(1) of Directive
95/53/EC must be drawn up in accordance with the
model laid down in Annex A. The document must take
up a single sheet only.

2.
For the compilation of the document based on the
model laid down in Annex A the rules laid down in
Annex B are applicable.

(1) OJ L 265, 8. 11. 1995, p. 17.

3.
The document based on the model laid down in
Annex A must be made out in one of the languages of the
Community which is acceptable to the competent
authority of the Member State where the products coming
from third countries are introduced into the customs
territory of the Community.

If necessary, the competent authority of the Member State
of destination may require from the person concerned
referred to in Article 2(1) a translation of the document
based on the model laid down in Annex A completed
according to Annex B into one of the official languages of
that Member State. The translation shall replace the cor-
responding particulars in the document in question.

4. Any alteration or erasure on the document based on
the model laid down in Annex A by an unauthorised
person makes it invalid.

Article 2

1. A document based on the model laid down in Annex
A shall be delivered by the competent authority of the
entry point to the person concerned in the cases referred
to in Article 9(1) of Directive 95/53/EC and precisely:

(a) when the products are coming directly from a third
country and are intended for the release for free circu-
lation in a Member State other than that which carried
out the checks referred to in Article 5 and, where
appropriate, in Article 7 of Directive 95/53/EC;

(b) when non-Community products are leaving a free
zone, a free warehouse or a customs warehouse and
are intended for the release for free circulation in a
Member State other than that where the free zone, the
free warehouse or the customs warehouse are located.

If the batch is split in different parts, a document
laid down in Annex A must be

2.
based on the model
delivered for each part of it.

3.
The document based on the model laid down in
Annex A completed according to Annex B must accom-
pany the batch to which it referes up to the moment of its
release for free circulation in the Community and must
be presented to the competent authority of the Member
State where the products are released for free circulation
together with a copy of
the laboratory
analyses, where available.

the results of

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customs

territory of

circulation into the

The Member States shall ensure that the customs
4.
authorities do not authorise the release of the products for
free
the
Community unless information has been supplied that,
both on the basis of the document based on the model
laid down in Annex A completed according to Annex B
and of possible further controls carried out by the
competent authorities, the checks on the products in
question have been carried out in accordance with Article
5 and 7 of Directive 95/53/EC to the satisfaction of the
competent authority of the Member State where the prod-
ucts are released for free circulation.

5.
The competent authority of the Member State where
the products are released for free circulation into the
customs territory of the Community shall keep the docu-
ment based on the model laid down in Annex A as well
as a copy of the results of the laboratory analysis, where
available, for at least 18 months.

They shall apply these provisions from 1 April 1999.

The provisions shall contain a reference to this Directive
or be accompanied by such a reference on official publi-
cation. Details of
the reference shall be set by the
Member State.

2. Member States shall send the Commission the text
of primary provisions of national
law adopted on the
matters regulated by this Directive.

Article 4

This Directive shall enter into force on the 20th day
following its publication in the Official Journal of the
European Communities.

Article 5

This Directive is addressed to the Member States.

Article 3

Done at Brussels, 10 September 1998.

1. Member States shall adopt and publish no later than
31 March 1999, immediately informing the Commission
thereof, the laws, regulations and administrative provi-
sions needed to comply with this Directive.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Communities

24. 9. 98

ANNEX A

DOCUMENT INDICATING THE CHECKS ON PRODUCTS USED IN ANIMAL NUTRITION
INTRODUCED INTO THE EC FROM THIRD COUNTRIES

EUROPEAN COMMUNITY

1 Consignor/exporter

A

3 Consignee

DIRECTIVE 95/53/EC — ARTICLE 9

Document indicating the checks on products used in animal
nutrition introduced in the EC from third countries

2 Serial No

4 Customs document No

5 Accompanying document

5.1 Laboratory tests according to Article 6 of Directive 96/25/EC

in hand

1. [ ] Yes

2. [ ] No

6 Declarant/representative

7 Origin

8 Description of goods
[ ] 8.1

[ ] 8.2

[ ] 8.3

[ ] 8.4

[ ] 8.5

[ ] 8.6

13 Checks referred to in Article 5 of Directive 95/53/EC

7.1 (If applicable) Approval/registration No:

9 CN Code

11 Gross mass (kg)

10 No packages

12 Net mass (kg)

13.1 [ ] Documentary check

13.2 Identity check

1. [ ] Yes

2. [ ] No

14 Checks referred to in Article 7 of Directive 95/53/EC

14.1 Physical check

1. [ ] Yes

2. [ ] No

14.2 Laboratory tests carried out

1. [ ] Yes

2. [ ] No

Type of analysis:
If yes see copy of the results annexed hereto

14.3 Laboratory tests in hand
Type of analysis:

1. [ ] Yes

2. [ ] No

15 Full identification of the competent authority

of the entry point and official stamp

16 The authorised official

.......................................................................................
Place and date

.......................................................................................
Signature

.......................................................................................

Name in capital

letters

17 (Optional) Reserved for the competent authority of the Member State of destination

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ANNEX B

DETAILED RULES FOR THE COMPILATION OF THE DOCUMENT REFERRED TO IN
ANNEX A

A. Information related to the batch presented

1. Consignor/exporter

Enter the full name and address of the person or company concerned.

2.

Serial number

Enter the progressive number given to the document by the competent authority.

3. Consignee

Enter the full name and address of the person or company to whom the goods are to be delivered.

4. Customs document

Enter the number of the customs document.

5. Accompanying document

Enter a reference to the document accompanying the batch.

5.1. Enter a cross in the appropriate box. Enter a cross in ‘1. [. . .] Yes' if samples for laboratory tests

have been taken as referred to in Article 6 of Directive 96/25/EC.

6. Declarant/representative

Enter the full name and address of the person or company concerned. If the declarant and the
exporter/consignor are the same person, enter ‘consignor' or ‘exporter'.

7. Origin

Enter the name and the address of the establishment or the place of origin.

7.1. Enter the approval or the registration number of the establishment, where applicable.

8. Description of goods

Enter a cross in the appropriate box:

‘[

‘[

‘[

‘[

‘[

‘[

] 8.1' (cid:190) for additives/premixtures

] 8.2' (cid:190) for feed materials

] 8.3' (cid:190) for compound feedingstuffs

] 8.4' (cid:190) for products referred to in Directive 82/471/EEC

] 8.5' (cid:190) for feedingstuffs for particular nutritional purposes

] 8.6' (cid:190) for other products and specify:

9. CN code

Enter the CN code.

10. No packages

Enter the quantity of packages or, in the case of unpacked goods, the word ‘bulk', as appropriate.

11. Gross mass (kg)

Enter the gross mass expressed in kilograms.

12. Net mass (kg)

Enter the net mass expressed in kilograms.

B. Checks carried out

13. Checks referred to in Article 5 of Directive 95/53/EC

13.1 Enter a cross.

13.2 Enter a cross in the appropriate box.

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14. Checks referred to in Article 7 of Directive 95/53/EC

14.1 Enter a cross in the appropriate box.

14.2 Enter a cross in the appropriate box. Enter a cross in ‘1. [. . .] Yes', if laboratory tests have been
carried out and the results are available. In this case join an authenticated copy of the results of
the laboratory tests and specify the type of analysis requested with a reference to the relevant
Directive laying down Community methods of analysis for the official control of feedingstuffs or
specifying the type of analysis.

14.3 Enter a cross in the appropriate box. Enter a cross in ‘1. [. . .] Yes' if samples for laboratory tests
have been taken and the results are not yet available. In this case specify the type of analysis
requested with a reference to the relevant Directive laying down Community methods of analysis
for the official control of feedingstuffs or specifying the type of analysis.

C. Validation

15. Full identification of the competent authority of the entry point and official stamp

Enter the name of the office of the competent authority of the entry point and the official stamp, to be
applied in a colour different from that used in the document.

16. The authorised official

Enter the date, the signature of the authorised official of the competent authority and the full name in
capital letters.

D. Additional remarks (*)

17. Reserved for the competent authority of the Member State of destination

This part of the document is available to the competent authority of the Member State of destination
for eventual remarks.

(*) Optional.