Regulation (EC) No 882/2004 of the European Parliament and of the Council (repealed)Dangos y teitl llawn

[X1 TITLE VIII U.K. ADAPTATION OF COMMUNITY LEGISLATION

Article 57 U.K. Amendment of Directive 96/23/EC

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

1.

Article 14(2) is replaced by the following:

‘2. The Community reference laboratories shall be those referred to in the relevant part of Annex VII of 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 (1) .’

2.

In Article 30, the part of paragraph 1 beginning ‘ Where such additional checks demonstrate… ’ and ending ‘ …or to use it for other purposes authorised by Community legislation, without indemnity or compensation ’ , is replaced by the following:

‘Where checks demonstrate the presence of unauthorised substances or products or when maximum limits have been exceeded, the provisions of Articles 19 to 22 of Regulation (EC) No 882/2004 shall apply.’

3.

Annex V is deleted.

Article 58 U.K. Amendment of Directive 97/78/EC

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

1.

Article 1 is replaced by the following:

‘Veterinary checks on products from third countries introduced into one of the territories listed in Annex I shall be carried out by Member States in accordance with this Directive and with 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 (2) .’

2.

Article 2(2)(a) is replaced by the following:

‘(a)

“products” means the products of animal origin referred to in Directives 89/662/EEC and 90/425/EEC, in Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (3) , in Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (4) and in Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (5) ; it also includes the plant products referred to in Article 19.’

3.

In Article 7(3), ‘ inspection fees referred to in Council Directive 85/73/EEC of 29 January 1985 on the financing of veterinary inspections and controls covered by Directives 89/662/EEC, 90/425/EEC, 90/675/EEC and 91/496/EEC (amended and consolidated) ’ is replaced by the following:

‘inspection fees referred to in Regulation (EC) No 882/2004’ .

4.

In Article 10(1)(b), the following phrase is deleted: ‘ or, in the case of establishments approved in accordance with Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third-country establishments from which Member States are authorised to import certain products of animal origin, fishery products or live bivalve molluscs, from an establishment which has undergone either a Community or a national inspection. ’

5.

Article 12(9) is deleted.

6.

Article 15(5) is deleted.

7.

In Article 16, the following paragraph is inserted:

‘4. Detailed rules for the introduction of products of animal origin for the supply of the crew and passengers of international means of transport, and for products of animal origin ordered remotely (for example, by mail, by telephone or via the internet) and delivered to the consumer, shall be laid down in accordance with Article 25 of Regulation (EC) No 882/2004.’

8.

Article 21 is deleted.

9.

Article 23 is deleted.

10.

In Article 24(1), second indent, ‘ in accordance with Article 17(2)(a) and (b) ’ is replaced by ‘ in accordance with Article 17 ’ .

Article 59 U.K. Amendment of Directive 2000/29/EC

The following Article is inserted in Directive 2000/29/EC:

‘Article 27a

For the purpose of this Directive and without prejudice to Article 21 thereof, Articles 41 to 46 of 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 (6) shall apply, as appropriate.’

Article 60 U.K. Amendment of Regulation (EC) No 854/2004

Regulation (EC) No 854/2004 is hereby amended as follows:

1.

In Article 1, the following paragraph is added:

‘1a. This Regulation shall apply in addition to 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 (7) .’

2.

In Article 2:

(a)

in paragraph 1, subparagraphs (a), (b), (d) and (e) are deleted;

and

(b)

the following subparagraph is added to paragraph 2:

‘(b)(a) Regulation (EC) No 882/2004.’

3.

In Article 3:

(a)

paragraph 1 is replaced by the following:

‘1. The competent authorities shall approve establishments when, and in the manner, specified in Article 31(2) of Regulation (EC) No 882/2004’ ;

and

(b)

paragraphs 4(a) and (b) and paragraph 6 are deleted.

4.

Article 9 is deleted.

5.

Article 10 is replaced with the following:

‘Article 10

To ensure the uniform application of the principles and conditions laid down in Article 11 of Regulation (EC) No 178/2002 and Title VI, Chapter II, of Regulation (EC) No 882/2004 the procedures laid down in this Chapter shall apply.’

6.

In Article 11:

(a)

paragraph 2 is replaced by the following:

‘2. A third country shall appear on such lists only if a Community control in that country has taken place and demonstrates that the competent authority provides appropriate guarantees as specified in Article 48(3) of Regulation (EC) No 882/2004. However, a third country may appear on such lists without a Community control having taken place if:

(a) the risk determined in accordance with Article 46(3)(a) of Regulation (EC) No 882/2004 does not warrant it;

and

(b) it is determined, when deciding to add a particular third country to a list in accordance with paragraph 1, that other information indicates that the competent authority provides the necessary guarantees.’

(b)

in paragraph 4, the introduction is replaced by the following:

‘4. When drawing up or updating lists, particular account shall be taken of the criteria listed in Articles 46 and 48(3) of Regulation (EC) No 882/2004. Regard shall also be had to.’ ;

and

(c)

subparagraphs (b) to (h) of paragraph 4 are deleted.

7.

Article 14(2)(b) is replaced by the following:

‘(b)

any specific import conditions established in accordance with Article 48 of Regulation (EC) No 882/2004.’

8.

Article 18(17) to (20) are deleted.

Article 61 U.K. 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 in so far 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.]

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 165 of 30 April 2004).

(1)

[X1 OJ L 165, 30.4.2004, p. 1’ .

(2)

OJ L 165, 30.4.2004, p. 1 . ’

(3)

OJ L 273, 10.10.2002, p. 1 . Regulation as last amended by Commission Regulation (EC) No 808/2003 ( OJ L 117, 13.5.2003, p. 1 ).

(4)

OJ L 18, 23.1.2003, p. 11 .

(5)

OJ L 139, 30.4.2004’ .

(6)

OJ L 165, 30.4.2004, p. 1’ .

(7)

OJ L 165, 30.4.2004, p. 1’ .]

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 165 of 30 April 2004).