X1TITLE IIOFFICIAL CONTROLS BY MEMBER STATES

Annotations:

CHAPTER VIIOTHER PROVISIONS

Article 30Official certification

1

F1Without prejudice to requirements concerning official certification adopted for animal health or animal welfare purposes, requirements may be adopted by the Commission concerning:

a

the circumstances in which official certification is required;

b

model certificates;

c

qualifications of the certifying staff;

d

the principles to be respected to ensure reliable certification, including electronic certification;

e

the procedures to be followed in case of withdrawal of certificates and for replacement certificates;

f

consignments that are split into smaller consignments or that are mixed with other consignments;

g

documents that must follow goods after official controls have been carried out.

F2The measures referred to in point (a), designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 62(4).

The measures referred to in points (b) to (g) shall be adopted in accordance with the regulatory procedure referred to in Article 62(3).

2

Where official certification is required, it shall be ensured that:

a

a link exists between the certificate and the consignment;

b

the information in the certificate is accurate and authentic.

3

A single model certificate shall, where appropriate, combine requirements concerning the official certification of feed and food and other requirements for official certification.

Article 31Registration/approval of feed and food business establishments

1

a

Competent authorities shall establish procedures for feed and food business operators to follow when applying for the registration of their establishments in accordance with Regulation (EC) No 852/2004, Directive 95/69/EC or with the future regulation on feed hygiene;

b

They shall draw up and keep up to date a list of feed and food business operators which have been registered. Where such a list already exists for other purposes, it may also be used for the purposes of this Regulation.

2

a

Competent authorities shall establish procedures for feed and food business operators to follow when applying for the approval of their establishments in accordance with Regulation (EC) No 852/2004, Regulation (EC) No 854/2004, Directive 95/69/EC or with the future regulation on feed hygiene.

b

Upon receipt of an application for approval from a feed or food business operator, the competent authority shall make an on-site visit.

c

It shall approve an establishment for the activities concerned only if the feed or food business operator has demonstrated that it complies with the relevant requirements of feed or food law.

d

The competent authority may grant conditional approval if it appears that the establishment meets all the infrastructure and equipment requirements. It shall grant full approval only if it appears from a new official control of the establishment, carried out within three months of granting conditional approval, that the establishment meets the other relevant requirements of feed or food law. If clear progress has been made but the establishment still does not meet all of the relevant requirements, the competent authority may prolong conditional approval. However, conditional approval shall not exceed a total of six months.

e

The competent authority shall keep the approval of establishments under review when carrying out official controls. If the competent authority identifies serious deficiencies or has to stop production at an establishment repeatedly and the feed or food business operator is not able to provide adequate guarantees regarding future production, the competent authority shall initiate procedures to withdraw the establishment's approval. However, the competent authority may suspend an establishment's approval if the feed or food business operator can guarantee that it will resolve deficiencies within a reasonable time;

f

The competent authorities shall maintain up-to--date lists of approved establishments and make them available to other Member States and to the public in a manner that may be specified in accordance with the procedure referred to in Article 62(3).