Council Directive 97/78/EC (repealed)Show full title

Article 2 U.K.

1. For the purposes of this Directive, the definitions contained in Article 2 of Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(1) and Article 2 of Council Directive 90/425/EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(2) shall apply as necessary.

2. In addition:

[F1 (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;]

(b) ‘documentary check’ means the examination of the veterinary certificate(s) or veterinary document(s), or other document(s) accompanying a consignment;

(c) ‘identity check’ means a check by visual inspection to ensure that the veterinary certificate(s) or veterinary document(s) or other document(s) provided for by veterinary legislation tally with the product itself;

(d) ‘physical check’ means a check on the product itself, which may include checks on packaging and temperature and also sampling and laboratory testing;

(e) ‘person responsible for the load’ means any natural or legal person who, in accordance with the provisions of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(6) has responsibility for the development of the various situations covered by the said Regulation in which the consignment may be, and also the representative referred to in Article 5 of the said Regulation who assumes such responsibility for following up the checks laid down in this Directive;

(f) ‘consignment’ means a quantity of products of the same type, covered by the same veterinary certificate(s) or veterinary document(s), or other document(s) provided for by veterinary legislation, conveyed by the same means of transport and coming from the same third country or part of such country;

(g) ‘border inspection post’ means any inspection post, designated and approved in accordance with Article 6, for the carrying out of veterinary checks on products arriving from third countries at the border of one of the territories listed in Annex I;

(h) ‘import’ means the free circulation of products and the intention to release products for free circulation within the meaning of Article 79 of Regulation (EEC) No 2913/92;

(i) ‘customs-approved treatment for use’ means the customs-approved treatment or use referred to in point 15 of Article 4 of Regulation (EEC) No 2913/92;

(j) ‘import conditions’ means veterinary requirements for products to be imported, as laid down in Community legislation;

(k) ‘competent authority’ means the central authority of a Member State empowered to carry out veterinary checks, or any authority to which it has delegated such powers.

Textual Amendments

F1 Substituted by 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)

OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 92/118/EEC (OJ L 62, 15.3.1993, p. 49).

(2)

OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 92/118/EEC.

(3)

[F1 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 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 82/97 of the European Parliament and of the Council (OJ L 17, 21.1.1997, p. 1).

Textual Amendments

F1 Substituted by 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.