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"B COMMISSION DECISION
of 20 May 1994
on the reduced frequency of physical checks of consignments of certain products to be implemented from
third countries, under Council Directive 90/675/EEC
(94/360/EC)
(OJ L 158, 25.6.1994, p. 41)
Amended by:
Official Journal
No page date
"M1 Commission Decision 94/658/EC of 30 September 1994 L 256 29 4.10.1994
"M2 Commission Decision 95/54/EC of 28 February 1995 L 53 36 9.3.1995
"M3 Commission Decision 95/270/EC of 30 June 1995 L 165 24 15.7.1995
"M4 Commission Decision 96/104/EC of 29 January 1996 L 24 31 31.1.1996
"M5 Commission Decision 97/139/EC of 3 February 1997 L 55 13 25.2.1997
"M6 Commission Decision 1999/302/EC of 30 April 1999 L 117 58 5.5.1999
"M7 Commission Decision 1999/518/EC of 28 July 1999 L 197 50 29.7.1999
"M8 Commission Decision 1999/609/EC of 10 September 1999 L 242 28 14.9.19991994D0360 — EN — 13.09.1999 — 008.001 — 1
COMMISSION DECISION
of 20 May 1994
on the reduced frequency of physical checks of consignments of certain
products to be implemented from third countries, under Council
Directive 90/675/EEC
(94/360/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/675/EEC of 10 December 1990 laying
down the principles governing the organization of veterinary checks onproducts entering the Community from third countries (
1), as last amended by
Directive 92/118/EEC (2) and particularly Article 8 (3) thereof,
Whereas a reduction in the frequency of physical checks of consignments of
products imported from third countries should be fixed on the basis of the
criteria laid down in Article 8 (3) of Directive 90/675/EEC on experiences inthe Member States and the danger to public and animal health in theCommunity;
Whereas, in addition, for certain third countries with which the Community
has reached agreements on equivalency, a reduction in the physical checks on
certain products can be applied, taking into account, inter alia , the application
of the regionalization principle in the case of an animal disease, and of otherCommunity veterinary principles;
Whereas the reduction in the frequency of physical checks will be carried out
by each Member State; whereas it must be carried out in such a way that it isnot possible for an importer to predict whether any particular consignmentwill be subject to a physical check;
Whereas there is a need to review the level of reduction at regular intervals
based on information received by the Commission or the Member States on
the implementation of the checks in border inspection posts;
Whereas Member States should immediately inform the Commission when
checks reveal that products do not satisfy the necessary requirements or reveal
any other irregularity;
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. In application of Article (8) of Directive 90/675/EEC, the Member States
shall apply the reduction in the frequency of physical checks for the products
from third countries as laid down in Annex I to this Decision, whereCommunity decisions have been taken to establish, without prejudice to the
EEA agreement:
— a list of approved third countries,
— a list of approved establishments (animal health and public health), and
— a model certificate (animal health and public health).
2. For the third countries referred to in Annex II, the level of physical
checks to be carried out by each Member State on consignments of productsof the same group shall be as laid down in that Annex.
3. Paragraphs 1 and 2 shall apply without prejudice to Articles 15 and 19 of
Directive 90/675/EEC.!B
(1) OJ No L 373, 31. 12. 1990, p. 1.
(2) OJ No L 62, 15. 3. 1993, p. 49.1994D0360 — EN — 13.09.1999 — 008.001 — 2
Where a Member State applies the measures provided for in Article 15 of
Directive 90/675/EEC, the sitution shall be urgently reviewed in accordancewith the procedure laid down in Article 23 of Directive 90/675/EEC; for thispurpose the Member State concerned shall immediately inform the Comission
and the other Member States thereof, in particular with a view to the
implementation of the second subparagraph of Article 3 (3) of this Decision.
Article 1a
1. Notwithstanding the provisions of Article 1, the level and organisation of
physical checks to be carried out by each Member State, on entry into its
territory at any border inspection or crossing point, on consignments of fresh
bovine meat including offal, other than bison meat including offal, comingfrom or originating in the United States of America shall be as follows:
— the frequency of the physical checks is increased to 100 %,
— two official samples shall be taken from each consignment and examined
for residues of each of the xenobiotic hormones melengestrol acetate,
trenbolone, zeranol, and stilbenes including diethylstilboestrol, and forabnormally high levels of residues of the natural hormones 17 betaoestradiol, progesterone and testosterone,
— the samples shall be handled in accordance with points 2.6, 2.7 and 2.9 of
the Annex to Commission Decison 98/179/EC (
1),
— the samples shall be sent to, and the laboratory tests shall be performed
at, one of the laboratories referred to in the Annex to this Decision.
2. Member States shall only allow the entry into their territory and the
consignment to another Member State of such fresh bovine meat, includingoffal, in question where the results of the examination and analyses, referred
to in paragraph 1, are favourable.
3. All costs incurred in applying this Article shall be chargeable to the
consignor, the consignee or their agents.
Article 2
Member States shall organize physical checks in such a way that it is not
possible for an importer to predict whether any particular consignment will besubjected to a physical check.
Article 3
1. Member States shall ensure that each border inspection post listed in
Commission Decision 94/24/EC (
2) maintains a record of results of all checks
on imported consignments of products in accordance with Annex III to this
Decision, for at least 18 months from the time of inspection. The record ofresults shall include consignments which are rejected for free circulation inthe Community. The central veterinary authority of each Member State shall
be responsible for sending to the Commission, before
"M41 January 1996
3and thereafter every six months, a summary of the results in the format set
out at Annex III.
2. The Commission shall submit a report to the Standing Veterinary
Committee, on the basis of the summaries provided for in paragraph 1, for
evaluation of the results of checks carried out.
3. The Commission shall, on the basis of the report referred to in paragraph
2, review the frequencies set out in Annexes I and II twice a year, and for the
first time before "M415 May 1996 3.
The Commission shall also review, in accordance with the procedure laid
down in Article 23 of Directive 90/675/EEC, the frequencies referred to inAnnexes I and II to this Decision at the request of a Member State or on its
own initiative, taking into account the criteria laid down in Article 8 (3) of
Directive 90/675/EEC, as well as the application of the regionalizationprinciple and of other Community veterinary principles.!B
(1) OJ L 65, 5.3.1998, p. 31.
(2) OJ No L 18, 21. 1. 1994, p. 16.!M6
!M7
!M6
!B1994D0360 — EN — 13.09.1999 — 008.001 — 3
4. Were the veterinary checks reveal an irregularity which has serious
implications for animal or public health, Member States shall inform theCommission thereof without delay.
Article 4
The frequency of physical checks on consignments of products laid down in
Annex I to this Decision shall be without prejudice to the provisions onphysical checks set out in Directive 92/118/EEC or any Commission decision
made under that Directive, or in any other Community legislation.
Article 5
Wherever a Council decision on equivalence veterinary agreements defines
specific frequencies of physical checks, the Commission shall include suchfrequencies in Annex II.
Article 6
This Decision will be amended as soon as the Council adopts the relevant
modifications in Directive 90/675/EEC.
Article 7
This Decision shall apply from
"M41 January 1997 3.
Article 3 shall apply as from the 15th day after the day of notification of this
Decision.
Article 8
This Decision is addressed to the Member States.!B1994D0360 — EN — 13.09.1999 — 008.001 — 4
ANNEX I
GROUPS OF PRODUCTS AND THE FREQUENCIES OF PHYSICAL CHECKS WHICH MUST BE CARRIED OUT
BY EACH MEMBER STATE ON CONSIGNMENTS OF PRODUCTS IMPORTED FROM THIRD COUNTRY
ESTABLISHMENTS REFERRED TO IN ARTICLE 1
Groups of productsFrequency of physical
check
Category I
1. Fresh meat including offal, and products of the bovine, ovine, caprine, porcine and equine species
defined in Council Directive 92/5/EEC (1)
20 %2. Fish products in hermetically sealed containers intended to render them stable at ambient
temperatures, fresh and frozen fish and dry and/or salted fishery products (2)
3. Whole eggs4. Lard and rendered fats5. Animal casings6. Hatching eggs9
>>>>>>>>>>>>>>>=
>>>>>>>>>>>>>>>;
Category II
1. Poultry meat and poultry meat products
50 %2. Rabbit meat, game meat (wild/farmed) and products thereof
3. Milk and milk products for human consumption4. Egg products5. Processed animal protein for human consumption6. Other fishery products than those mentioned under Category I, 2, and bivalve molluscs7. Honey9
>>>>>>>>>>>>>>=
>>>>>>>>>>>>>>;
Category III
1. Semen
minimum of 1 %
maximum of 10 %2. Embryos
3. Manure4. Milk and milk products (not for human consumption)5. Gelatin6. Frog legs and snails7. Bones and bone products8. Hides and skins9. Bristles, wool, hair, feathers10. Horns, horn products, hooves and hoof products11. Apiculture products12. Hunting trophies13. Processed petfood14. Raw material for the manufacture of petfood15. Raw material, blood, blood products, glands and organs for pharmaceutical use16. Blood products for technical use17. Pathogens18. Hay and straw9
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>=
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>;
(
1)OJ No L 57, 2. 3. 1992 p. 1.
(2)Without prejudice to Article 10, subparagraph 2, of Directive 91/493/EEC (fresh fish).!B1994D0360 — EN — 13.09.1999 — 008.001 — 5
ANNEX II
LIST OF THIRD COUNTRIES AND FREQUENCIES OF PHYSICAL CHECKS
REFERRED TO IN ARTICLE 5
— In the case of New Zealand, the frequencies provided for in Council Decision 97/
131/EC of 17 December 1996 on the conclusion of an Agreement in the form of an
Exchange of Letters concerning the provisional application of the Agreementbetween the European Community and New Zealand on sanitary measuresapplicable to trade in live animals and animal products (
1).
— In the case of Norway, the Member States are authorized to retain frequencies
lower than those provided for in Annex I.
— In the case of Iceland, as regards the products listed in Annex I, category I, 2 and
category II, 6, the Member States are authorized to retain frequencies lower thanthose provided for in Annex I.
— In the case of Canada, the frequencies provided for in Article 11 and Annex VIII of
Council Decision 1999/201/EC of 14 December 1998 on the conclusion of theAgreement between the European Community and the Government of Canada onsanitary measures to protect public and animal health in respect of trade in liveanimals and animal products (
2).!B
(1) OJ No L 57, 26. 2. 1997, p. 1
(2) OJ L 71, 18.3.1999, p. 1.!M5
!M81994D0360 — EN — 13.09.1999 — 008.001 — 6
ANNEX III
!B1994D0360 — EN — 13.09.1999 — 008.001 — 7