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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performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (repealed)
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Version Superseded: 16/08/2017
Point in time view as at 28/02/2017.
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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).
Textual Amendments
F1 Substituted by Council Regulation (EU) No 517/2013 of 13 May 2013 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, transport policy, energy, taxation, statistics, trans-European networks, judiciary and fundamental rights, justice, freedom and security, environment, customs union, external relations, foreign, security and defence policy and institutions, by reason of the accession of the Republic of Croatia.
Different control techniques, such as auditing, sampling and inspection
Control procedures
Feed and food law
The different stages of production, processing and distribution, and the possible risks for human health, and where appropriate for the health of animals and plants and for the environment
Assessment of non-compliance with feed and food law
Hazards in animal feed and food production
The evaluation of the application of HACCP procedures
Management systems such as quality assurance programmes that feed and food businesses operate and their assessment in so far as these are relevant for feed or food law requirements
Official certification systems
Contingency arrangements for emergencies, including communication between Member States and the Commission
Legal proceedings and implications of official controls
Examination of written, documentary material and other records, including those related to proficiency testing, accreditation and risk assessment, which may be relevant to the assessment of compliance with feed or food law; this may include financial and commercial aspects
Any other area, including animal health and animal welfare, necessary to ensure that official controls are carried out in accordance with this Regulation.
The organisation of the competent authority and the relationship between central competent authorities and authorities to which they have delegated tasks to carry out official controls
The relationship between competent authorities and control bodies to which they have delegated tasks related to official controls
A statement on the objectives to be achieved
Tasks, responsibilities and duties of staff
Sampling procedures, control methods and techniques, interpretation of results and consequent decisions
Monitoring and surveillance programmes
Mutual assistance in the event that official controls require more than one Member State to take action
Action to be taken following official controls
Cooperation with other services or departments that may have relevant responsibilities
Verification of the appropriateness of methods of sampling, methods of analysis and detection tests
Any other activity or information required for the effective functioning of the official controls.
Methods of analysis should be characterised by the following criteria:
accuracy;
applicability (matrix and concentration range);
limit of detection;
limit of determination;
precision;
repeatability;
reproducibility;
recovery;
selectivity;
sensitivity;
linearity;
measurement uncertainty;
other criteria that may be selected as required.
The precision values referred to in 1(e) shall either be obtained from a collaborative trial which has been conducted in accordance with an internationally recognised protocol on collaborative trials (e.g. ISO 5725:1994 or the IUPAC International Harmonised Protocol) or, where performance criteria for analytical methods have been established, be based on criteria compliance tests. The repeatability and reproducibility values shall be expressed in an internationally recognised form (e.g. the 95 % confidence intervals as defined by ISO 5725:1994 or IUPAC). The results from the collaborative trial shall be published or freely available.
Methods of analysis which are applicable uniformly to various groups of commodities should be given preference over methods which apply only to individual commodities.
In situations where methods of analysis can only be validated within a single laboratory then they should be validated in accordance with e.g. IUPAC Harmonised Guidelines, or where performance criteria for analytical methods have been established, be based on criteria compliance tests.
Methods of analysis adopted under this Regulation should be edited in the standard layout for methods of analysis recommended by the ISO.
The activities covered by Directives 89/662/EEC, 90/425/EEC, 93/119/EC and 96/23/EC for which Member States are currently collecting fees pursuant to Directive 85/73/EEC
The approval of feed establishments
Member States shall collect for controls relating to the following list of products, at least the corresponding minimum rates for fees or charges.
Per tonne of meat:
EUR 1 per 30 tonnes
and
EUR 0,5 per tonne, thereafter.
first placing on the market of fishery and aquaculture products:
1 EUR/tonne for the first 50 tonnes in the month;
0,5 EUR/tonne thereafter.
first sale in fish market
0,5 EUR/tonne for the first 50 tonnes in the month;
0,25 EUR/tonne thereafter.
first sale in case of lack of or insufficient gradation for freshness and/or size in accordance with Regulations (EEC) No 103/76 and (EEC) No 104/76:
1 EUR/tonne for the first 50 tonnes in the month;
0,5 EUR/tonne thereafter.
The fees collected on the species referred to in Annex II to Commission Regulation (EEC) No 3703/85 must not exceed EUR 50 per consignment.
Member States will collect 0,5 EUR/tonne for the processing of fishery and aquaculture products.
The activities covered by Directives 97/78/EC and 91/496/EEC for which Member States are currently collecting fees pursuant to Directive 85/73/EEC.
The minimum fee rates for the official control on the import of a consignment of meat are fixed at:
EUR 55 per consignment, up to six tonnes,
and
EUR 9 per tonne, up to 46 tonnes, thereafter,
or
EUR 420 per consignment, over 46 tonnes.
The minimum fee for the official control on the import of a consignment of fishery products is fixed at:
EUR 55 per consignment, up to six tonnes,
and
EUR 9 per tonne, up to 46 tonnes, thereafter,
or
EUR 420 per consignment, over 46 tonnes.
The above amount for the official control on the import of a consignment of fishery products, transported as break bulk shipment, shall be:
EUR 600 per vessel, with a cargo of fishery products up to 500 tonnes,
EUR 1 200 per vessel, with a cargo of fishery products up to 1 000 tonnes,
EUR 2 400 per vessel, with a cargo of fishery products up to 2 000 tonnes,
EUR 3 600 per vessel, with a cargo of fishery products of more than 2 000 tonnes.
In the case of fishery products caught in their natural environment directly landed by a fishing vessel flying the flag of a third country, the provisions laid down in Annex IV, Section B, Chapter V, point (a) shall apply.
The minimum fee for the official control on the import of a consignment of products of animal origin other than those mentioned in Chapters I and II or a consignment of by-products of animal origin or a consignment of feed, is fixed at:
EUR 55 per consignment, up to six tonnes,
and
EUR 9 per tonne, up to 46 tonnes, thereafter,
or
EUR 420 per consignment, over 46 tonnes.
The above amount for the official control on the import of a consignment of products of animal origin other than those mentioned in Chapters I and II, a consignment of by-products of animal origin or a consignment of feed transported as break bulk shipment, shall be:
EUR 600 per vessel, with a cargo of products up to 500 tonnes,
EUR 1 200 per vessel, with a cargo of products up to 1 000 tonnes,
EUR 2 400 per vessel, with a cargo of products up to 2 000 tonnes,
EUR 3 600 per vessel, with a cargo products of more than 2 000 tonnes.
The amount of fees or charges for the official control on the transit of goods and live animals through the Community is fixed at a minimum level of EUR 30, increased by EUR 20 per quarter of an hour for every member of staff involved in the controls.
The fee for the official control on the import of a consignment of live animals is fixed:
for bovine animals, equidae, pigs, sheep, goats, poultry, rabbits and small game birds or ground game and the following land mammals: wild boar and ruminants, at:
EUR 55 per consignment, up to six tonnes,
and
EUR 9 per tonne, up to 46 tonnes, thereafter,
or
EUR 420 per consignment, over 46 tonnes,
for animals of other species at the actual cost of inspection expressed either per animal or per tonne imported, at:
EUR 55 per consignment, up to 46 tonnes,
or
EUR 420 per consignment, over 46 tonnes,
it being understood that this minimum does not apply to imports of species referred to in Commission Decision 92/432/EEC.
At the request of a Member State, accompanied by appropriate supporting documents and in accordance with the procedure laid down in Article 18 of Directive 89/662/EEC, a lower level of fees may be applied to imports from certain third countries.
The salaries of the staff involved in the official controls
The costs for the staff involved in the official controls, including facilities, tools, equipment, training, travel and associated costs
The laboratory analysis and sampling costs
Textual Amendments
F2 Substituted by Commission Regulation (EU) No 208/2011 of 2 March 2011 amending Annex VII to Regulation (EC) No 882/2004 of the European Parliament and of the Council and Commission Regulations (EC) No 180/2008 and (EC) No 737/2008 as regards lists and names of EU reference laboratories (Text with EEA relevance).
ANSES — Laboratoire de sécurité des aliments
Maisons-Alfort
France
Rijksinstituut voor Volksgezondheid en Milieu (RIVM)
Bilthoven
The Netherlands
Agencia Española de Seguridad Alimentaria (AESA)
Vigo
Spain
The laboratory of the Centre for Environment, Fisheries and Aquaculture Science (Cefas)
Weymouth
United Kingdom
ANSES — Laboratoire de sécurité des aliments
Maisons-Alfort
France
ANSES — Laboratoire de sécurité des aliments
Maisons-Alfort
France
Istituto Superiore di Sanità (ISS)
Roma
Italy
Statens Veterinärmedicinska Anstalt (SVA)
Uppsala
Sweden
Istituto Superiore di Sanità (ISS)
Roma
Italy
Fødevareinstituttet
Danmarks Tekniske Universitet
København
Denmark
Centre wallon de recherches agronomiques (CRA-W)
Gembloux
Belgium
RIKILT – Institute for Food Safety, part of Wageningen UR
Wageningen
The Netherlands]
Textual Amendments
ANSES – Laboratoire de Fougères
France
Bundesamt für Verbraucherschutz und Lebensmittelsicherheit (BVL)
Berlin
Germany
Instituto Superiore di Sanità
Roma
Italy
The laboratory referred to in Annex X, Chapter B of Regulation (EC) No 999/2001
The Veterinary Laboratories Agency
Addlestone
United Kingdom
The laboratory referred to in Annex II of Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1) :
The Joint Research Centre of the European Commission
Geel
Belgium
The laboratory referred to in the Annex to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (2) :
The Joint Research Centre of the European Commission
Ispra
Italy
The Joint Research Centre of the European Commission
Ispra
Italy
Fødevareinstituttet
Danmarks Tekniske Universitet
København
Denmark
Chemisches und Veterinäruntersuchungsamt (CVUA) Freiburg
Freiburg
Germany
Laboratorio Agrario de la Generalitat Valenciana (LAGV)
Burjassot-Valencia
Spain
Grupo de Residuos de Plaguicidas de la Universidad de Almería (PRRG)
Almería
Spain
Chemisches und Veterinäruntersuchungsamt (CVUA) Stuttgart
Fellbach
Germany
The Joint Research Centre of the European Commission
Geel
Belgium
The Joint Research Centre of the European Commission
Geel
Belgium
The Joint Research Centre of the European Commission
Geel
Belgium
Chemisches und Veterinäruntersuchungsamt (CVUA) Freiburg
Freiburg
Germany
The laboratory referred to in Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever (3) .
The laboratory referred to in Council Directive 92/35/EEC of 29 April 1992 laying down control rules and measures to combat African horse sickness (4) .
The laboratory referred to in Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (5) .
The laboratory referred to in Council Directive 92/66/EEC of 14 July 1992 introducing Community measures for the control of Newcastle disease (6) .
The laboratory referred to in Council Directive 92/119/EEC of 17 December 1992 introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease (7) .
Veterinærinstituttet
Afdeling for Fjerkræ, Fisk og Pelsdyr
Danmarks Tekniske Universitet
Aarhus
Denmark
Ifremer — Institut français de recherche pour l’exploitation de la mer
La Tremblade
France
The laboratory referred to in Council Decision 2000/258/EC of 20 March 2000 designating a specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines (8) .
The laboratory referred to in Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue (9) .
The laboratory referred to in Council Directive 2002/60/EC of 27 June 2002 laying down specific provisions for the control of African swine fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever (10) .
The laboratory referred to in Council Decision 96/463/EC of 23 July 1996 designating the reference body responsible for collaborating in rendering uniform the testing methods and the assessment of the results for pure-bred breeding animals of the bovine species (11) .
The laboratory referred to in Council Directive 2003/85/EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/EEC and Decisions 89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC (12) .
ANSES — Laboratoire de santé animale
Maisons-Alfort
France
ANSES — Laboratoire de santé animale/Laboratoire de pathologie équine
Maisons-Alfort
France
Centre for Environment, Fisheries & Aquaculture Science (Cefas)
Weymouth
United Kingdom
ANSES — Laboratoire de la rage et de la faune sauvage de Nancy
Malzeville
France
VISAVET — Laboratorio de vigilancia veterinaria, Facultad de Veterinaria, Universidad Complutense de Madrid
Madrid
Spain
ANSES — Sophia-Antipolis Laboratory
Sophia-Antipolis
France]
Textual Amendments
F4 Inserted by Commission Regulation (EU) No 880/2011 of 2 September 2011 correcting Regulation (EU) No 208/2011 amending Annex VII to Regulation (EC) No 882/2004 of the European Parliament and of the Council and Commission Regulations (EC) No 180/2008 and (EC) No 737/2008 as regards lists and names of EU reference laboratories (Text with EEA relevance).
Veterinary and Agrochemical Research Centre — CODA-CERVA
Operational Directorate Viral Diseases
Unit Vesicular and Exotic Diseases
Groeselenberg 99
1180 Brussels
Belgium]
Textual Amendments
F5 Inserted by Commission Regulation (EU) 2017/140 of 26 January 2017 designating the EU reference laboratory for diseases caused by capripox viruses (lumpy skin disease and sheep and goat pox), laying down additional responsibilities and tasks for this laboratory and amending Annex VII to Regulation (EC) No 882/2004 of the European Parliament and of the Council (Text with EEA relevance).
‘ Centre de coopération internationale en recherche agronomique pour le développement (CIRAD) ’
TA A-15/G,
Campus International de Baillarguet
34398 Montpellier Cedex
France] ]
Textual Amendments
F6 Inserted by Commission Regulation (EU) 2017/212 of 7 February 2017 designating the EU reference laboratory for peste des petits ruminants, laying down additional responsibilities and tasks for this laboratory and amending Annex VII to Regulation (EC) No 882/2004 of the European Parliament and of the Council (Text with EEA relevance).
Implementing rules based on Directive 70/373/EEC on the introduction of Community methods of sampling and analysis for the official control of feedingstuffs
First Commission Directive 71/250/EEC of 15 June 1971 establishing Community methods of analysis for the official control of feedingstuffs (13)
Second Commission Directive 71/393/EEC of 18 November 1971 establishing Community methods of analysis for the official control of feedingstuffs (14)
Third Commission Directive 72/199/EEC of 27 April 1972 establishing Community methods of analysis for the official control of feedingstuffs (15)
Fourth Commission Directive 73/46/EEC of 5 December 1972 establishing Community methods of analysis for the official control of feedingstuffs (16)
First Commission Directive 76/371/EEC of 1 March 1976 establishing Community methods of sampling for the official control of feedingstuffs (17)
Seventh Commission Directive 76/372/EEC of 1 March 1976 establishing Community methods of analysis for the official control of feedingstuffs (18)
Eighth Commission Directive 78/633/EEC of 15 June 1978 establishing Community methods of analysis for the official control of feedingstuffs (19)
Ninth Commission Directive 81/715/EEC of 31 July 1981 establishing Community methods of analysis for the official control of feedingstuffs (20)
Tenth Commission Directive 84/425/EEC of 25 July 1984 establishing Community methods of analysis for the official control of feedingstuffs (21)
Eleventh Commission Directive 93/70/EEC of 28 July 1993 establishing Community methods of analysis for the official control of feedingstuffs (22)
Twelfth Commission Directive 93/117/EC of 17 December 1993 establishing Community methods of analysis for the official control of feedingstuffs (23)
Commission Directive 98/64/EC of 3 September 1998 establishing Community methods of analysis for the determination of amino acids, crude oils and fats, and olaquindox in feedingstuffs (24)
Commission Directive 2003/126/EC of 23 December 2003 on the analytical method for the determination of constituents of animal origin for the official control of foodstuffs (25)
Commission Directive 1999/27/EC of 20 April 1999 establishing Community methods of analysis for the determination of amprolium, diclazuril and carbadox in feedingstuffs (26)
Commission Directive 1999/76/EC of 23 July 1999 establishing a Community method of analysis for the determination of lasalocid sodium in feedingstuffs (27)
Commission Directive 2000/45/EC of 6 July 2000 establishing Community methods of analysis for the determination of vitamin A, vitamin E and tryptophan in feedingstuffs (28)
Directive 2002/70/EC of 26 July 2002 establishing requirements for the determination of levels of dioxins and dioxin-like PCBs in feedingstuffs (29)
Implementing rules based on Directive 95/53/EC of 25 October 1995 fixing the principles governing the organisation of official inspections in the field of animal nutrition
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 (30) .]
OJ L 155, 12.7.1971, p. 13 . Directive as last amended by Commission Directive 1999/27/EC ( OJ L 118, 6.5.1999, p. 36 ).
OJ L 279, 20.12.1971, p. 7 . Directive as last amended by Commission Directive 98/64/EC ( OJ L 257, 19.9.1998, p. 14 ).
OJ L 123, 29.5.1972, p. 6 . Directive as last amended by Commission Directive 1999/79/EC ( OJ L 209, 7.8.1999, p. 23 ).
OJ L 83, 30.3.1973, p. 21 . Directive as last amended by Commission Directive 1999/27/EC.
OJ L 102, 15.4.1976, p. 8 . Directive as last amended by Commission Directive 94/14/EC ( OJ L 94, 13.4.1994, p. 30 ).
OJ L 206, 29.7.1978, p. 43 . Directive as last amended by Commission Directive 84/4/EEC ( OJ L 15, 18.1.1984, p. 28 ).
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).
Textual Amendments
F2 Substituted by Commission Regulation (EU) No 208/2011 of 2 March 2011 amending Annex VII to Regulation (EC) No 882/2004 of the European Parliament and of the Council and Commission Regulations (EC) No 180/2008 and (EC) No 737/2008 as regards lists and names of EU reference laboratories (Text with EEA relevance).
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