Commission Directive 2004/103/EC (repealed)Show full title

Article 2 U.K.

1. Member States shall ensure that an approval procedure be established as specified in paragraphs 2, 3 and 4 to evaluate, and where appropriate to approve, the suitability in phytosanitary terms, of carrying out checks at places proposed as approved places of inspection.

2. The procedure referred to in paragraph 1 shall indicate that, if the checks are to be carried out at approved places of inspection, any applicant shall apply to the responsible official bodies in charge of carrying out such checks, requesting that checks be carried out at places mentioned in the request.

3. The application shall include a technical dossier supplying the information necessary for evaluating the suitability of proposed places as an approved place of inspection, and covering, in particular:

(a) information relating to the products concerned intended to be imported and the places in which the imported products concerned will be stored or kept awaiting the final results of the checks, and in particular how separation referred to in Article 1(3)(e) is to be secured, and

(b) where appropriate, when the products concerned are intended for a person to whom the status of ‘authorised consignee’ was granted and fulfil the conditions laid down in Article 406 of Commission Regulation (EEC) No 2454/93(1) or when the places concerned are subject to an authorisation as referred to in Article 497 of the said Regulation, relevant evidence thereof.

4. Member States shall ensure that the application referred to in paragraph 2 shall be recorded and that the responsible official bodies shall:

(a) examine the information supplied in the application;

(b) evaluate the suitability for carrying out checks at the proposed places of inspection, which should fulfil minimum requirements which are at least those laid down in paragraph 3(b) and (c) of the Annex to Commission Directive 98/22/EC(2), or any further requirements which the Member States may impose in a non-discriminatory manner and which are justified in order to allow efficient inspections;

(c) respond to the applicant by either:

(i)

indicating that the application is acceptable and that the places concerned are designated as approved place of inspection, or

(ii)

indicating that the application is not acceptable and the reason therefore.

5. Member States shall keep and make available to the Commission and to the Member States on request, the updated list of the approved places of inspection.

6. Member States shall ensure that the responsible official bodies shall take the necessary measures if it is found that there are elements which would militate against the proper functioning of carrying out checks at the approved places of inspection situated in their territory.

Member States shall notify the Commission and the Member States concerned of all significant cases of non-compliance with the conditions which apply to an approved place of inspection.

(1)

OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

(2)

OJ L 126, 28.4.1998, p. 26.