1993D0013 — EN — 27.01.1994 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONDECISION
of22December 1992
laying down the procedures for veterinary checks at Community border inspection posts on
productsfromthirdcountries
(93/13/EEC)
(OJ L 9, 15.1.1993, p. 33)
Amended by:
Official Journal
No page date
►M1Commission Decision 94/43/EC of 26 January 1994 L 23 33 28.1.1994
▼B
COMMISSIONDECISION
of22December 1992
laying down the procedures for veterinary checks at Community
borderinspectionpostsonproductsfromthirdcountries
(93/13/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to Council Directive 90/675/EEC laying down the prin-
ciplesgoverning the organization of veterinary checkson products
entering the Community from third countries(1), aslas t amended by
Decision 92/438/EEC(2), and in particular Article 4 (6), Article 8 (3),
Article 10 (2), Article 11 (7), Article 14 (3), Article 16 (4) and Article18 (1) thereof,
Whereasthe principlesunderlying the organization of documentary,
identity and physical checks, as well as the follow-up to such checkshave been laid down; whereas it is now necessary to adopt additionalmeasures in order to establish a reliable harmonized procedure and setup the new arrangementsfor veterinary checkson productsfrom thirdcountries;
Whereas documentary and identity checks are based on a comparison
between the information transmitted by the importer and the productsimported into the Community and must be carried out according tocertain rules; whereas physical checks on such products must also
meet certain requirements, and the type and results of checks must be
mentioned on a certificate;
Whereas, therefore, the proper functioning of the new arrangements
requiresthat all information on a product be brought together in a
document based on a given model;
Whereasthe routing of productswhich may be accepted only for us es
other than human consumption should be carried out within the frame-work of an appropriate existing Community procedure;
Whereascertain veterinary checksare not carried out on products
carried in the luggage of travellersand intended for their cons umption,or sent in small consignments addressed to individuals; whereas amaximum weight limit should nevertheless be fixed for products
subject to such derogations;
Whereas certain plant products posing a risk of spreading contagious
diseases to animals must be subjected to veterinary checks; whereas alist of such products must be drawn up, together with a list of third
countriesor partsof third countrieswhich may be authorized to export
them to the Community;
Whereascertain cons ignmentsof productsexported from a Member
State towardsa third country may be refus ed importation by the third
country, then in those cases it is up to the competent authority of the
Member State that has exported the products to take the necessarymeasures to control the consignment on its re-introduction into theterritory of the Community;
Whereasin accordance with Article 11 (2) (b) of Directive 90/675/
EEC, the Member State isable to conclude bilateral agreementsforcertain veterinary controlsin the country of des tination, it isrequiredin these cases to ensure all necessary measures in the way of veterinarychecksasmentioned in thisDirective are carried out;
Whereas the products stored in a free zone or in a free warehouse, in a
warehouse under customs control or in transit through the territory of1993D0013 — EN — 27.01.1994 — 001.001 — 2
(1) OJ No L 373, 31. 12. 1990, p. 1.
(2) OJ No L 243, 25. 8. 1992, p. 27.
▼B
the Community from one third country to another will be made the
subject of a further implementing Decision;
Whereas derogations concerning the inspection of fish coming from
third countriesinto the Community will be made the s ubject of laterimplementing Decisions;
Whereas the specific conditions of sampling and of examination of the
different typesof productswill be the s ubject of further implementing
Decisions;
Whereas the measures provided for in this Decision are in accordance
with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
1. The documentary and the identify checksmus t be carried out
according to Annex A.
2. Importers or their representatives must, using a document based
on the model laid down in Annex B, inform the veterinary staff of theborder inspection post in advance of arrival of the products. The docu-ment shall be drawn up in four copies (one original and three copies)and the importer or his representative must:
— fill in section 1 on all four copies,
— transmit a copy to the customs authorities of the border inspection
post,
— transmit the original and the two remaining copies to the official
veterinarian responsible for the border inspection post.
3. The document based on the model laid down in Annex B must be
made out in at least the language or in one of the languages of the
border inspection post where the products coming from third countries
are introduced into the Community and in the language or in one of thelanguagesof the country of des tination of the product.
4. Without prejudice to paragraph 3, the information contained in
the document based on the model laid down in Annex B may, with
the agreement of the competent authoritiesof the Member States , to
be made the object of a prior notification through telecommunicationsor other systems of data transmission.
Article 2
Physical checks, laboratory tests and analyses of official samples must
be carried out in accordance with the requirementsof AnnexesC and
D.
Article 3
1. After completion of the checksmentioned in Articles1 and 2,
section 2 of the document based on the model laid down in Annex B
has to be completed under the responsibility of the official veterinarianresponsible for the border inspection post and must be signed by him;then the original must be passed to the customs authorities at theborder inspection post, one copy given to the importer or his represen-tative and the second copy retained at the post.
2. The official veterinarian shall retain original certificates or health
documentsaccompanying the cons ignment aswell asthe copy of thedocument based on the model laid down in Annex B for at least threeyears.
Article 4
1. If the veterinary checkscarried out indicate that the product
should not be imported into the Community the competent authority,after consulting the importer or his representative, shall decide withall speed either to return or to destroy it.1993D0013 — EN — 27.01.1994 — 001.001 — 3
▼B
2. If the competent authority decides to destroy the consignment, it
must take all necessary measures to ensure that the consignment andthe destruction operation remains at all times under official control.
The destruction of the consignment must be carried out in the border
inspection-post installation or in appropriate installations as near aspossible to that border inspection post.
3. If, in derogation to paragraph 1, the competent authority in appli-
cation of Article 16 (2) of Council Directive 90/675/EEC acceptsthatthe productsmay be imported only for certain us esother than humanconsumption, treatment and transport of these products shall be doneonly under the supervision of the competent authority and in accor-
dance with Directive 90/667/EEC of 27 November 1990 laying down
the veterinary rules for the disposal and processing of animal waste,for itsplacing on the market and for the prevention of pathogensinfoodstuffs of animal or fish origin and amending Directive 90/425/EEC(
1). Moreover, the competent authority at the place of destination
of the registered plant shall be informed of the operation through the
Animo network, or pending the implementation of the latter, by tele-communication or by any data transfer system.
4. The procedures described in paragraphs 1, 2 and 3 shall also
apply where the inspections carried out by the competent authority atthe border crossing point reveal any of the infringements mentioned inArticle 4 (3) of Council Directive 90/675/EEC. However, measures inthe sense of Article 16 (1) and (2) may only be taken by the official
veterinarian responsible for the nearest border inspection post. All the
consignments which are rejected shall be notified immediately by theShift system or, pending the implementation of the latter, by telecom-munication or by any data transfer system.
Article 5
1. Without prejudice to specific Community rules for certain
products, the products referred to in points (i), (ii) and (iv) of Article
14 (1) of Council Directive 90/675/EEC shall not be the subject ofthe systematic veterinary checks set out in chapter I of this Directiveif they are less than 1 kilo in weight and destined for human consump-tion. However all necessary measures must be taken to ensure that only
such products from approved or parts of approved countries are intro-
duced into the Community.
2. The first paragraph shall not affect the animal health and public
health rules set out in the appropriate Community legislation or in its
absence the national rules of the Member States.
3. Paragraph 1 shall not affect the weight limits applied to small
packagesup to a maximum of 5 kg containing productsof animal
origin other than those referred to in Directive 72/462/EEC(
2) intro-
duced into Denmark from Greenland and the Faroe Islands for directconsumption by private persons.
Article 6
1. Member States shall submit the plant products listed in Annex E
to the veterinary checkss pecified in Article 1 (1).
2. Member Statess hall authorize the importation of plant products
listed in Annex E originating from the countries or parts of third coun-
tries listed in Annex F where the importation from these countries or
partsof third countriesisnot prohibited.
3. The requirementsof Article 16 of Council Directive 90/675/EEC
applymutatis mutandis to plant productswhen the veterinary checks
indicate that they do not satisfy the conditions of this Decision.1993D0013 — EN — 27.01.1994 — 001.001 — 4
(1) OJ No L 363, 27. 12. 1990, p. 51.
(2) OJ No L 302, 31. 12. 1972, p. 28.▼M1
▼B
▼B
Article 7
This Decision shall apply with effect from 1 January 1993.
Article 8
This Decision is addressed to the Member States.1993D0013 — EN — 27.01.1994 — 001.001 — 5
▼B
ANNEX A
Detailed rulesfor documentaryandidentitychecksonproductsfromthird
countries
1. For each consignment, the competent authority must ascertain the customs
destination.
2. Each certificate or document for animal health or public health which accom-
panies a consignment of products originating in a third country must be
inspected in order to confirm:
(a) that it isan original certificate or document;
(b) that it refersto a third country or part of a third country authorized to
export to the Community, or for non-harmonized products, to the
Member State concerned;
(c) that its presentation and content correspond to the specimen drawn up for
the product and third country concerned;
(d) that it consists of a single sheet of paper;
(e) that it hasbeen fully competed;
(f) that the date of issue of the certificate or document for animal health or
public health relatesto that of the loading of the productsfor their
dispatch towards the Community;
(g) that it ismade out to a s ingle recipient;
(h) that it relates to an establishment authorized to export to the Community,
or for non-harmonized products, to the Member State concerned;
(i) that it isdrawn up in at leas t one of the official languagesof the Member
Stateswhere the ins pection iscarried out;
(j) that it iss igned by the official veterinarian or where appropriate the
representative of the official authority and shows legibly and in capitals,
his name and position, and also that the official health stamp of the third
country isin a different colour to that of the printing of the certificate;
(k) that the information given in the certificate isin conformity to that in the
document based on the model laid down in Annex B pertaining to the
consignment.
3. It is necessary that visual inspection shall be carried out to ensure that the
productsmatch the information given in the veterinary certificatesor docu-
ments accompanying the consignment; this procedure should include
amongst others:
(a) verification of the seals on the means of transport where this is required;
(b) for all types of products, a check for the presence and conformity of the
official stamp or health marks identifying the country and establishment
of origin and that these correspond to those on the certificate or docu-
ment;
(c) in addition, for wrapped products, inspection of the labelling information
required by the veterinary legislation.1993D0013 — EN — 27.01.1994 — 001.001 — 6
▼B
ANNEX B
Anyalterationorerasureonthisdocumentbyanunauthorizedpersonmakesitinvalid
1993D0013 — EN — 27.01.1994 — 001.001 — 7
▼B
1993D0013 — EN — 27.01.1994 — 001.001 — 8
▼B
ANNEX C
Detailedrulesforphysicalchecksonproducts
1. The physical check on each consignment must be carried out under condi-
tions permitting the required inspection and testing to be carried out
satisfactorily.
2. Each consignment must be inspected to check the conditions and means of
transport, in particular to confirm that:
(a) the temperature conditionscomply with the requirementsfor the products
concerned if laid down in Community rulesor, where none exis t, in the
relevant national rules;
(b) the conditionsof trans port have maintained the productsin the required
state;
(c) there is no reason to suspect abnormalities during transport.
3. The conformity of the productswith the information on the certificate mus t
be confirmed, on the basis, in particular, of the following procedures:
(a) verification that the number of itemsor packagesmentioned on the
accompanying certification corresponds to the weight of the consignment
by example of the weight of one item or package;
(b) verification that the packaging, wrapping or envelope used fulfils the
Community or, where applicable, national requirements: material used,
state, presence of marks and/or indications required.
4. Each lot submitted to a physical examination to verify, after opening of the
packaging, wrapping or envelope, that the conditionsfores een for the product
concerned in the vertical Directivesor, where none exis t, the relevant
national legislation are satisfied.
With thisaim in view an organoleptic examination, particularly vis ual exam-
ination, must be carried out on each consignment to check for abnormalities
rendering the product unfit for the use given on the veterinary certificates or
accompanying documents; these examinations shall be carried out on in prin-
ciple 1 % of the itemsor packagesof the cons ignment, with a minimum of
two and a maximum of 10. For loose products, the examination shall be
made on at least five separate samples distributed throughout the consign-
ment.
At any time, during the examination of the products, the official veterinarian
may derogate from the maximum laid down above.
In addition to the physical checks referred to above, public health inspection
of products intended for human consumption must include:
— measurement of the temperature of the product, if Community or, where
applicable, national ruless o require,
— checks for abnormalities in appearance, consistency, colour, smell and,
where appropriate, taste; for frozen or deep-frozen products, inspection
shall be carried out after thawing of the products.
5. In addition, the veterinarian shall, whenever he deems necessary, require any
additional examinationsto be carried out to verify compliance with Commu-
nity or national legislation governing imports of or trade in these products.
6. In the event of doubt, additional physical and laboratory examinations shall
be carried out on the productsafter the cons ignment hasbeen fully unloaded,
and if necessary the determination of the species.
7. In addition to the formalities referred to in Article 3, veterinary services shall
take all necessary steps to indicate that an official physical control of the
consignment has been carried out, particularly by resealing and placing the
official stamp on all packages handled and by resealing all containers
opened, mentioning the seal number indicated in the document in Annex B
and on certificatesor documentsaccompanying the cons ignment.1993D0013 — EN — 27.01.1994 — 001.001 — 9
▼B
ANNEX D
Detailedrulesrelating tolaboratorytestingofproducts
1. Pending approval of Community monitoring plans, each Member State must
submit consignments of products presented for importation to a monitoring
plan, to verify Community legislation is respected, or where applicable
national rules, in particular, to detect residues, pathogenic organisms or other
substances dangerous to humans, animals or the environment.
These monitoring plans must take into account the nature of the products and
the risk that they present.
In all cases, the official veterinary surgeon of the border inspection post
which carried out testing under this monitoring plan must inform the compe-
tent authority at the place of destination in accordance with Article 4 (5) of
Directive 90/675/EEC and mention the testing in the document based on
Annex B that ismade out to certify the veterinary checksthat are carried
out. When the testing concerns a substance or a pathogenic agent which
presents a direct or immediate animal or public health risk, the official veter-
inarian responsible for the border inspection post who carried out the test or
the competent authority at the place of destination that has been informed
may withhold the consignment from release until the results of the laboratory
test are known.
Each Member State hasto inform the other Member Statesand the Commis -
sion of positive results found during the execution of the monitoring plans, so
that the veterinary checksmay be altered asa res ultsof the information gath-
ered.
2. When, in particular following the examination of a consignment, or on the
basis of information received from another Member State or from the
Commission, or on the basis of a result of an unfavourable examination on
a previouscons ignment, the competent authority decidesto carry out a
laboratory examination, the consignment may only to be sent to its destina-
tion on the condition that this laboratoy examination has given satisfactory
results. In the meantime the consignment remains under the control of the
responsible veterinarian of the border inspection post that has carried out
the veterinary controls.1993D0013 — EN — 27.01.1994 — 001.001 — 10
▼B
ANNEX E
Plantproductssubjecttoveterinary checks
1. Straw.
2. Hay.1993D0013 — EN — 27.01.1994 — 001.001 — 11
▼B
ANNEX F
List of countries or parts of countries from which Member States shall
authorizeimportofhayandstraw
Australia
Austria
Belarus
BulgariaCanadaChile
Croatia
CyprusCzechoslovakiaEstonia
Finland
GreenlandHungary
Iceland
LatviaLithuaniaMalta
New Zealand
NorwayPoland
Romania
SloveniaSwedenSwitzerland
United Statesof America1993D0013 — EN — 27.01.1994 — 001.001 — 12