Regulation 2(1)

SCHEDULE 1DEFINITIONS OF EU LEGISLATION

  • “Directive 2004/41” means Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC M1;

  • “Regulation 999/2001” means Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies M2;

  • “Regulation 178/2002” means Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety;

  • “Regulation 852/2004” means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs M3 as read with Regulation 2073/2005;

  • “Regulation 853/2004” means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin M4 as read with Directive 2004/41, Regulation 1688/2005, Regulation 2074/2005, Regulation 1020/2008 and [F1Regulation 1079/2013];

  • “Regulation 882/2004” means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules M5 as read with Regulation 2074/2005, Regulation 669/2009 and [F2Regulation 702/2013];

  • “Regulation 1688/2005” means Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs M6;

  • “Regulation 2073/2005” means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs M7;

  • “Regulation 2074/2005” means Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 M8;

  • “Regulation 1020/2008” means Commission Regulation (EC) No. 1020/2008 amending Annexes II and III to Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin and Regulation (EC) No. 2076/2005 as regards identification marking, raw milk and dairy products, eggs and egg products and certain fishery products M9.

  • “Regulation 669/2009” means Commission Regulation (EC) No. 669/2009 implementing Regulation (EC) No. 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC M10; F3...

  • [F4“Regulation 211/2013” means Commission Regulation (EU) No. 211/2013 on certification requirements for imports into the Union of sprouts and seeds intended for the production of sprouts; and]

  • F5...

  • [F6“Regulation 702/2013” means Commission Implementing Regulation (EU) No 702/2013 on transitional measures for the application of Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the accreditation of official laboratories carrying out official testing for Trichinella.]

Textual Amendments

Marginal Citations

M1O.J. No. L 157, 30.4.2004, p.33. The revised text of Directive 2004/41/EC is now set out in a Corrigendum (O.J. No. L 195, 2.6.2004, p.12).

M2O.J. No. L 147, 31.5.2001, p.1, as last amended by Regulation (EC) No. 220/2009 of the European Parliament and of the Council amending Regulation (EC) No. 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, as regards the implementing powers conferred on the Commission (O.J. No. L87, 31.3.2009, p.155).

M3O.J. No. L 139, 30.4.2004, p.1. The revised text of Regulation (EC) No. 852/2004 is now set out in a Corrigendum (O.J. No. L 226, 25.6.2004, p.3) which should be read with a further Corrigendum (O.J. No. L 204, 4.8.2007, p.26). Regulation (EC) No. 852/2004 was last amended by Regulation (EC) No. 219/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Two (O.J. No. L 87, 31.3.2009, p.109).

M4O.J. No. L 139, 30.4.2004, p.55. The revised text of Regulation (EC) No. 853/2004 is now set out in a Corrigendum (O.J. No. L 226, 25.6.2004, p.22) which should be read with a further Corrigendum (O.J. No. L 204, 4.8.2007, p.26). Regulation (EC) No. 853/2004 was last amended by Regulation (EC) No. 219/2009.

M5O.J. No. L 165, 30.4.2004, p.1. The revised text of Regulation (EC) No. 882/2004 is now set out in a Corrigendum (O.J. No. L 191, 28.5.2004, p.1) which should be read with a further Corrigendum (O.J. No. L 204, 4.8.2007, p.29). Regulation (EC) No. 882/2004 was last amended by Commission Regulation (EC) No. 1029/2008 amending Regulation (EC) No. 882/2004 of the European Parliament and of the Council to update a reference to certain European Standards (O.J. No. L 278, 21.10.2008, p.6).

M6O.J. No. L 271, 15.10.2005, p.17.

M7O.J. No. L 338, 22.12.2005, p.1, as read with the Corrigenda at O.J. No. L 278, 10.10.2006, p.32 and O.J. No. L 283, 14.10.2006, p.62. Regulation (EC) 2073/2005 was amended by Commission Regulation (EC) No. 1441/2007 amending Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs (O.J. No. L 322, 7.12.2007, p.12).

M8O.J. No. L 338, 22.12.2005, p.27 as last amended by Commission Regulation (EC) No. 1022/2008 amending Regulation (EC) No. 2074/2005 as regards the total volatile basic nitrogen (TVB-N) limits (O.J. No. L 277, 18.10.2008, p.18).

M9O.J. No. L 277, 18.10.2008, p.8.

M10O.J. No. L 194, 25.7.2009, p.11.

Regulation 2(1)

SCHEDULE 2DEFINITION OF RELEVANT FEED LAW

Textual Amendments

Marginal Citations

M12S.S.I. 2004/433, amended by S.S.I. 2005/246 and 2007/493.

M13S.S.I. 2005/608, amended by S.S.I. 2005/616, 2006/578, 2008/201 and 2009/263.

M14S.S.I. 2005/605, amended by S.S.I. 2006/16, 516 and 578, 2007/492, 2008/215 and 2009/21.

Regulation 2(1)

SCHEDULE 3DEFINITION OF RELEVANT FOOD LAW

Textual Amendments

Marginal Citations

M16S.I. 1997/1729, amended by S.I. 2001/3590 2004/147, 2006/755, 2009/1925 and S.S.I. 2005/616.

M18S.I. 2009/842.

M19S.S.I. 2008/418.

M20O.J. No. L 256, 29.9.2009, p.35.

Regulation 3(1)

SCHEDULE 4COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FEED LAW

Column 1 Competent authorityColumn 2 Provisions of Regulation 882/2004
The AgencyArticles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 12, 19(1), (2) and (3), 24, 27, 28, 31(1) and (2)(f), 34, 35(3) and (4) 36, 37(1), 38, 39, 40(2) and (4), 52(1) and 54
The feed authorityArticles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 15(1) to (4), 16(1) and (2), 18, 19(1) and (2), 20, 21, 22, 24, 27, 28, 31, 34, 35(3), 36, 37(1), 38, 39, 40(2) and (4) and 54

Regulation 3(3)

SCHEDULE 5COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FOOD LAW

Column 1 Competent authorityColumn 2 Provisions of Regulation 882/2004
The AgencyArticles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 12, 14, 19(1), (2) and (3), 24, 27, 28, 31, 34, 35(3) and (4), 36, 37(1), 38, 39, 40(2) and (4), 52(1) and 54
The food authorityArticles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 15(1) to (4), 16(1) and (2), 18, 19(1) and (2), 20, 21, 22, 24, 27, 28, 31, 34, 35(3), 36, 37(1), 38, 39, 40(2) and (4) and 54

Regulations 22 and 41(1)(a)

SCHEDULE 6SPECIFIED IMPORT PROVISIONS

Column 1 Provision of Regulation 669/2009Column 2 Subject - matter
Article 6, as read with Article 7Requirement that feed and food business operators or their representatives give adequate prior notification of the estimated date and time of physical arrival of the consignment at the designated point of entry and of the nature of the consignment in the manner indicated in that Article (common entry document to be completed and transmitted at least one working day in advance) and Article 7 (common entry document to be drawn up in the official language of the member State), although the member State may consent to common entry documents being drawn up in another official language of the Community).
Article 8(2) second paragraphRequirement that the original of the common entry document must accompany the consignment on its onward transport until it reaches its destination as indicated in that document.
Article 11

Requirement that in cases where the special characteristics of the consignment so warrant, feed and food business operators or their representatives make available to the competent authority-

(a)

sufficient human resources and logistics to unload the consignment, in order that the official controls may take place; and

(b)the appropriate equipment for sampling for analysis as regards special transport and/or specific packaging forms, insofar as such sampling cannot be representatively performed with standard sampling equipment.
Article 12 first paragraphRequirement that consignments must not be split until the increased level of official controls has been completed and the common entry document has been completed by the competent authority.
Article 12 second paragraphRequirement that in the case of subsequent splitting of the consignment, an authenticated copy of the common entry document must accompany each part of the consignment until it is released for free circulation.