Regulation (EC) No 853/2004 of the European Parliament and of the CouncilShow full title

Article 6 Products of animal origin from outside the Community

1. Food business operators importing products of animal origin from third countries shall ensure that importation takes place only if:

(a) the third country of dispatch appears on a list, drawn up in accordance with Article 11 of Regulation (EC) No [(1)]/2004, of third countries from which imports of that product are permitted;

(i)

the establishment from which that product was dispatched, and in which it was obtained or prepared, appears on a list, drawn up in accordance with Article 12 of Regulation (EC) No [(1)]/2004, of establishments from which imports of that product are permitted, when applicable,

(ii)

in the case of fresh meat, minced meat, meat preparations, meat products and MSM, the product was manufactured from meat obtained in slaughterhouses and cutting plants appearing on lists drawn up and updated in accordance with Article 12 of Regulation (EC) No [(1)]/2004 or in approved Community establishments, and

(iii)

in the case of live bivalve molluscs, echinoderms, tunicates and marine gastropods, the production area appears on a list drawn up in accordance with Article 13 of that Regulation, when applicable;

(c) the product satisfies:

(i)

the requirements of this Regulation, including the requirements of Article 5 on health and identification marking;

(ii)

the requirements of Regulation (EC) No [(2)]/2004; and

(iii)

any import conditions laid down in accordance with Community legislation governing import controls for products of animal origin, and

(d) the requirements of Article 14 of Regulation (EC) No [(3)]/2004 concerning certificates and documents are satisfied, when applicable.

2. By way of derogation from paragraph 1, the importation of fishery products may also take place in accordance with the special provisions laid down in Article 15 of Regulation (EC) No [(3)]/2004.

3. Food business operators importing products of animal origin shall ensure that:

(a) products are made available for control upon importation in accordance with Directive 97/78/EC(4);

(b) importation complies with the requirements of Directive 2002/99/EC(5); and

(c) operations under their control that take place after importation are carried out in accordance with the requirements of Annex III.

4. Food business operators importing food containing both products of plant origin and processed products of animal origin shall ensure that the processed products of animal origin contained in such food satisfy the requirements of paragraphs 1 to 3. They must be able to demonstrate that they have done so (for example, through appropriate documentation or certification, which need not be in the format specified in paragraph l(d)).

(1)

Official Publications Office is to insert the official number of the Regulation on the organisation of official controls.

(2)

Official Publications Office is to insert the official number of the Regulation on the hygiene of foodstuffs.

(3)

Official Publications Office is to insert the official number of the Regulation on the organisation of official controls.

(4)

Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (OJ L 24,30.1.1998, p. 9). Directive amended by the Act of Accession 2003.

(5)

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 (OJ L 18, 23.1.2003, p. 11).