Commission Implementing Decision of 25 January 2012 on the rules applicable to veterinary checks to be carried out on live animals and products of animal origin entering certain French overseas departments from third countries (notified under document C(2012) 222) (Only the French text is authentic) (Text with EEA relevance) (2012/44/EU) (repealed)

Article 1

For the purposes of Article 13 of Directive 91/496/EEC and Article 18 of Directive 97/78/EC, the authorised entry points in the French overseas departments Guadeloupe, Martinique and French Guiana shall be as listed in the Annex to this Decision.

Article 2

1. Each entry point listed in the Annex shall be under the responsibility of a competent authority with official veterinarians and designated technicians at its disposal, if necessary.

2. Each entry point shall have all the facilities, equipment and staff necessary to carry out veterinary checks on consignments of live animals or products of animal origin they are designated to receive.

Article 3

The importer or his representative must:

(1)

notify the competent authority responsible for the entry point before the physical arrival of the consignment of products using the first part of the CVED in accordance with Article 2 of Regulation (EC) No 136/2004 and using the Traces system in accordance with Article 3 of Decision 2004/292/EC;

(2)

give one working day’s notice to the competent authority where live animals are to be presented specifying the number, nature and estimated time of arrival and using the first part of the CVED in accordance with Article 1 of Regulation (EC) No 282/2004 and using the Traces system in accordance with Article 3 of Decision 2004/292/EC;

(3)

keep a register approved by the competent authority showing the quantities of products or animals imported and the name and address of the purchaser(s);

(4)

inform the purchaser(s) that the products derived from the animals or products of animal origin imported are for local consumption only and for breeding and production animals they must not be dispatched under any circumstances to other territories of the Union;

(5)

inform the purchaser(s) that, in the case of resale, the purchaser(s) must inform the new purchaser(s) where the latter is a commercial operator that the products are for local consumption only and for breeding and production animals they must not under any circumstances be dispatched to other parts of the Union territory.

Article 4

1. The official veterinarian, assisted by designated technicians shall carry out the checks at the entry points listed in the Annex to this Decision in accordance with Articles 4 of Directive 91/496/EEC and 97/78/EC and in accordance with provisions set out in Annex I to Regulation (EC) No 136/2004 and in Regulation (EC) No 282/2004.

2. Physical checks may be carried out on certain products of animal origin in the frequency set out in Annexes I and II to Decision 94/360/EC.

3. The official veterinarians shall ensure that all data contained in the CVED for live animals and products of animal origin presented for import is entered into the Traces system in accordance with Article 3(2) of Decision 2004/292/EC.

4. The official veterinarians shall ensure that after the veterinary checks are carried out, the relevant CVED issued is stamped to indicate that the animals or products of animal origin may only be for local use and must not under any circumstances be dispatched to other parts of the Union territory.

5. The official veterinarian shall make regular inspections of the places of housing/storage of the imported animals or products of animal origin to verify that public and animal health requirements are maintained and the consignments are not dispatched to other parts of the Union territory.

Article 5

The provisions laid down in Directive 91/496/EEC, except those in Article 6, and in Directive 97/78/EC, except those in Article 6, shall continue to apply.

Article 6

The French authorities shall take the appropriate administrative or penal measures against any infringements of this Decision committed by a natural or legal person.

Article 7

This Decision shall enter into force on the 1 March 2012.

Article 8

The Decision is addressed to the French Republic.

Done at Brussels, 25 January 2012.

For the Commission

John Dalli

Member of the Commission