Commission Regulation (EU) No 142/2011Show full title

CHAPTER III U.K. COMMERCIAL DOCUMENTS AND HEALTH CERTIFICATES

1. During transportation, a commercial document in accordance with the model [F1 made available or published for the time being by the appropriate authority], or, when required by this Regulation, a health certificate must accompany animal by-products and derived products. U.K.

However, such document or certificate shall not be necessary, provided that:

(a)

derived products from Category 3 material and organic fertilisers and soil improvers are supplied within [F2 Great Britain] by retailers to final users other than business operators;

(b)

milk, milk-based products and milk-derived products which are Category 3 materials are collected and returned to operators of milk-processing establishments, which have been approved in accordance with Article 4 of Regulation (EC) No 853/2004, if those operators are receiving products, in particular from their customers, which they have previously delivered;

(c)

compound feeds as defined in Article 3(2)(h) of Regulation (EC) No 767/2009 which have been manufactured from animal by-products or from derived products, are placed on the market packaged and labelled in accordance with Article 4 of Regulation (EC) No 767/2009.

Textual Amendments

F2 Words in Annex 8 Ch. 3 point 1(a) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 13(49)(a)

Textual Amendments

F1 Words in Annex 8 Ch. 3 point 1 substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 10(5)(a)(i) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)

2. The commercial document must be produced at least in triplicate (one original and two copies). The original must accompany the consignment to its final destination. The receiver must retain it. The producer must retain one of the copies and the carrier the other. U.K.

[F3 The appropriate authority] may require that proof of the arrival of the consignments is provided by the [F4 appropriate computerised information management system] or by a fourth copy of the commercial document which is sent back by the receiver to the producer.

Textual Amendments

F3 Words in Annex 8 Ch. 3 point 2 substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 13(49)(b)(i)

F4 Words in Annex 8 Ch. 3 point 2 substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 13(49)(b)(ii)

3. Health certificates must be issued and signed by the competent authority. U.K.

4. A commercial document in accordance with the model [F5 made available or published for the time being by the appropriate authority] shall accompany animal by-products and derived products as from the starting point in the manufacturing chain referred to in Article 4(1) of Regulation (EC) No 1069/2009, during transportation within [F6 Great Britain]. U.K.

However, in addition to the authorisation to transmit information by way of an alternative system as referred to in the second subparagraph of Article 21(3) of Regulation (EC) No 1069/2009, the competent authority may authorise that animal by-products and derived products which are transported [F7 in its constituent nation] are accompanied by:

Textual Amendments

F7 Words in Annex 8 Ch. 3 point 4 substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 13(49)(c)(ii)

(a)

a different commercial document, in paper or in electronic form, provided that such commercial document contains the information referred to in point (f) of the Notes under point 6 of this Chapter;

(b)

a commercial document in which the quantity of the material is expressed in weight or volume of the material or in the number of packages.

Textual Amendments

F5 Words in Annex 8 Ch. 3 point 4 substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 10(5)(a)(ii) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Annex 8 Ch. 3 point 4 substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 13(49)(c)(i)

5. Records and related commercial documents or health certificates shall be kept for a period of at least two years for presentation to the competent authority. U.K.

6. Model commercial document U.K.

Notes U.K.

(a) Commercial documents shall be produced, according to the layout of the model [F8 made available or published for the time being by the appropriate authority]. U.K.

It shall contain, in the numbered order that appears in the model, the attestations that are required for the transportation of animal by-products and derived products.

Textual Amendments

F8 Words in Annex 8 Ch. 3 point 6 Note (a) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 10(5)(a)(iii)(aa) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) It shall be drawn up in [F9 English, and may also be drawn up in other languages]. U.K.

Textual Amendments

F9 Words in Annex 8 Ch. 3 point 6 Note (b) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 13(49)(d)(i)

(c) The original of each commercial document shall consist of a single sheet of paper, both sides, or, where more text is required it shall be in such a form that all sheets of paper needed are demonstrably part of an integrated whole and indivisible. U.K.

(d) If for reasons of identification of the items of the consignment, additional sheets of paper are attached to the commercial document, these sheets of paper shall also be considered as forming part of the original document by the application of the signature of the person responsible for the consignment, on each of the pages. U.K.

(e) When the commercial document, including additional sheets of paper referred to in point (d), comprises more than one page, each page shall be numbered – (page number) of (total number of pages) – at the bottom of the page and shall bear the code number of the document that has been designated by the responsible person at the top of the page. U.K.

(f) The original of the commercial document must be completed and signed by the responsible person. U.K.

The commercial document must specify:

(i)

the date on which the material was taken from the premises;

(ii)

the description of the material, including

• the identification of the material according to one of the categories referred to in Articles 8, 9 and 10 of Regulation (EC) No 1069/2009,

• the animal species and the specific reference to the applicable point in Article 10 of Regulation (EC) No 1069/2009 for Category 3 material and products derived therefrom which are destined for feeding and,

• if applicable, the ear-tag number of the animal;

(iii)

the quantity of the material, in volume, weight or number of packages;

(iv)

[F10 the name and address of the establishment or plant of origin of the material and its approval or registration number assigned in accordance with Regulation (EC) No 1069/2009 or, where applicable, in accordance with Regulations (EC) No 852/2004 (1) , (EC) No 853/2004 (2) or (EC) No 183/2005 of the European Parliament and of the Council (3) , and the nature and the method of the treatment, as applicable;

(v)

the name, the address and the registration number of the transporter of the material;

(vi)

the name and address of the establishment or plant of destination and the registration or approval number assigned in accordance with Regulation (EC) No 1069/2009 or, where applicable, in accordance with Regulations (EC) No 852/2004 or (EC) No 183/2005;

(vii)

in case of transport in containers, the complete container identification number (‘BIC code’) issued in accordance with the requirements of the Bureau International des Containers et du Transport Intermodal (4) ;

(viii)

in case of export of processed animal protein and products containing processed animal proteins as referred to in Annex IV to Regulation (EC) No 999/2001, the [F11 constituent nation] of exit and [F12 border control post] F13 ... of exit.]

Textual Amendments

F10 Substituted by Commission Implementing Regulation (EU) 2019/1084 of 25 June 2019 amending Regulation (EU) No 142/2011 as regards the harmonisation of the list of approved or registered establishments, plants and operators and the traceability of certain animal by-products and derived products (Text with EEA relevance).

F11 Words in Annex 8 Ch. 3 point 6 Note (f)(viii) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 13(49)(d)(ii)(aa)

F12 Words in Regulation substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 13(2)(b)

F13 Words in Annex 8 Ch. 3 point 6 Note (f)(viii) omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 13(49)(d)(ii)(bb)

(g) The colour of the signature of the responsible person shall be different to that of the printing. U.K.

(h) The document reference number and the local reference number shall only be issued once for the same consignment. U.K.

F14 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F14 Annex 8 Ch. 3 point 6 Note (i) omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 13(49)(d)(iii)

F15 Commercial document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F15 Annex VIII Ch. III Form omitted (31.12.2020) by virtue of The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 10(5)(a)(iii)(bb) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)

(1)

[F10 Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs ( OJ L 139, 30.4.2004, p. 1 ).]

(2)

[F10 Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin ( OJ L 139, 30.4.2004, p. 55 ).]

(3)

[F10 Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene ( OJ L 35, 8.2.2005, p. 1 ).]

(4)

[F10 https://www.bic-code.org/identification-number/]

Textual Amendments

F10 Substituted by Commission Implementing Regulation (EU) 2019/1084 of 25 June 2019 amending Regulation (EU) No 142/2011 as regards the harmonisation of the list of approved or registered establishments, plants and operators and the traceability of certain animal by-products and derived products (Text with EEA relevance).