1992D0438 — EN — 01.01.1995 — 001.001 — 1
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►B COUNCILDECISION
of13July1992
on computerization of veterinary import procedures (Shift project), amending Directives 90/675/
EEC,91/496/EEC,91/628/EECandDecision90/424/EEC,andrepealingDecision88/192/EEC
(92/438/EEC)
(OJ L 243, 25.8.1992, p. 27)
Amended by:
Official Journal
No page date
►A1Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
▼B
COUNCILDECISION
of13July1992
oncomputerizationofveterinaryimportprocedures(Shiftproject),
amending Directives 90/675/EEC, 91/496/EEC, 91/628/EEC and
Decision90/424/EEC,andrepealingDecision88/192/EEC
(92/438/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(
1),
Whereas, since the adoption of Council Decision 88/192/EEC of 28
March 1988 on a system for health control of imports from third coun-
tries at frontier inspection posts (Shift project)(2), considerable progress
has been made on harmonization in the veterinary field;
Whereas, inparticular, the Coun cil has adopted Directive 90/675/EEC
of 10 December 1990 laying down the principles governing the organi-zation of veterinary checks on products entering the Community fromthird countries(
3), Directive 91/496/EEC of 15 July 1991 laying down
the principles governing the organization of veterinary checks on
animals entering the Community from third countries(4) and Directive
91/628/EEC of 19 November 1991 on the protection of animals duringtransport(
5);
Whereas, inthe light of the favourable tren d inharmon izationinthe
veterinary sector, it is appropriate to lay down fresh provisions on
computerization of veterinary import procedures and therefore to repeal
Decision88/192/EEC;
Whereas these fresh provisions must help protect public and animal
health while permitting attainment of the internal market for animalsand animal products;
Whereas these new provisions are all the more necessary in that inspec-
tion at internal frontiers is to be discontinued;
Whereas computerizationof veterin ary import procedures must provide
an efficient way for an official veterinarian rejecting a consignment ata border inspection post to pass on relevant information and also databases detailing import requirements and imports of animals and animal
products;
Whereas Directives 90/675/EEC, 91/496/EEC and 91/628/EEC should
be amended accordingly;
Whereas provisionshould be made inCoun cil Decision90/424/EEC of
26 June 1990 on expenditure in the veterinary field(
6) for the Commu-
nity to contribute financially to implementation of the new measures
relating to the computerization of veterinary import procedures;
Whereas the Commission should be entrusted with the task of adopting
the necessary implementing rules,1992D0438 — EN — 01.01.1995 — 001.001 — 2
(1) Opinion delivered on 10 July 1992 (not yet published in the Official
Journal).
(2) OJ No L 89, 6. 4. 1988, p. 32.
(3) OJ No L 373, 31. 12. 1990, p. 1; Directive as amended by Directive 91/496/
EEC (OJ No L 268, 24. 9. 1991, p. 56).
(4) OJ No L 268, 24. 9. 1991, p. 56; Directive as amended by Directive 91/628/
EEC (OJ No L 340, 12. 12. 1991, p. 17).
(5) OJ No L 340, 11. 12. 1991, p. 17.
(6) OJ No L 224, 18. 8. 1990, p. 19. Decisionas last amen ded by Regulation
(EEC) No 3763/91 (OJ No L 356, 24. 12. 1991, p. 1).
▼B
HAS ADOPTED THIS DECISION:
Article 1
1. Computerizationof veterin ary import procedures shall comprise:
— a procedure for passing on the relevant information when an official
veterinarian at a border inspection post re-routes a consignment;
— the organization and operation of data bases covering the Commu-
nity's import requirements for animals and products;
— the organization and operation of data bases covering imports into
the Community of animals and products.
2. The computerizationspecified inparagraph 1 shall meet presen t
international standards.
Article 2
For the purposes of this Decision, the definitions given in Directives
90/675/EEC, 91/496/EEC and 91/628/EEC shall be applicable as
required.
Article 3
1. The information procedure referred to in the first indent of Article
1 (1) shall cover border inspection posts, the central authorities of theMember States and the Commission.
2. The information procedure referred to in the first indent of Article
1 (1) shall operate as specified in Annex I.
Article 4
1. The data bases referred to in the second indent of Article 1 shall
contain full details of requirements for importing animals and productsinto the Community, in particular information on lists of authorizedthird countries, approved establishments, protective measures adoptedand authorized specimen certificates.
2. The data bases referred to in the second indent of Article 1 (1)
shall be organized and operated as specified in Annex II.
Article 5
1. The data bases referred to in the third indent of Article 1 (1) shall
contain full information on each consignment of animals or productsbrought into the Community, covering in particular the conditions oftransport of the animals as specified in Chapter III of Directive 91/628/EEC and the outcome of the checks carried out under Directives90/675/EEC and 91/496/EEC.
2. The data bases referred to in the third indent of Article 1 shall be
organized and operated as specified in Annex III.
Article 6
The equipment used at border inspection posts for the purposes of this
Decisionmay be that specified inArticle 2 (2) of CommissionDeci-sion 91/398/EEC of 19 July 1991 on a computerized network linkingveterinary authorities (Animo)(
1).
Article 7
Decision88/192/EEC is hereby repealed.1992D0438 — EN — 01.01.1995 — 001.001 — 3
(1) OJ No L 221, 9. 8. 1991, p. 30.
▼B
Article 8
Directive 90/675/EEC is hereby amended as follows:
1. the following indent shall be added to Article 4 (1):
‘— that no indication of rejection of the consignment has been
given through the procedure specified in the first indent ofArticle 1 of Council Decision 92/438/EEC of 13 July 1992 on
computerizationof veterin ary import procedures (Shift
project) (*).
(*) OJ No L 243, 25. 8. 1992, p. 27.’
2. the following shall be added to Article 8 (2):
‘(d) consult the data bases specified in the second indent of Article
1 of Decision92/438/EEC.’
3. the following sentence shall be added to Article 9 (2) (iii): ‘He shall
ensure that all updating of the data bases indicated in the thirdindent of Article 1 of Decision 92/438/EEC is carried out.’
4. the first indent in Article 11 (4) (b) shall be replaced by:
‘— using the computerized network linking veterinary authorities
(Animo), give the official veterinarian at the inspection post ofthe place of destination notice of the passage of the products
and of their probable date of arrival,’.
5. the following sentence shall be added to Article 11 (4) (b): ‘In such
cases, the competent authority shall be informed through the compu-
terized network linking veterinary authorities (Animo).’
6. in Article 16 (1) (a) the first indent shall be replaced by:
‘— activate the information procedure provided for in the first
indent of Article 1 of Decision 92/438/EEC,’.
7. in Article 16 (1) (a) the third indent shall be deleted.
8. Article 16 (5) shall be replaced by the following:
‘5. The provisions of Decision 92/438/EEC shall apply.’
Article 9
Directive 91/496/EEC is hereby amended as follows:
1. the following indent shall be added to Article 4 (1):
‘— that no indication of rejection of the consignment has been
given through the procedure specified in the first indent ofArticle 1 of Council Decision 92/438/EEC of 13 July 1992 on
computerizationof veterin ary import procedures (Shift
project). (*)
(*) OJ No L 243, 25. 8. 1992, p. 27.’
2. in Article 4 (2) the following shall be added as second subpara-
graph:
‘The check must be made after reference to the data bases specified
in the second indent of Article 1 of Decision 92/438/EEC.’
3. in Article 6 (2) the following sentence shall be added: ‘The official
veterinarian shall ensure that all updating of the data bases indicatedin the third indent in Article 1 of Decision 92/438/EEC is carriedout.’
4. inArticle 9 (1) (d) the words ‘referrred to inthe secon d subpara-
graph of Article 12 (4)’ shall be replaced by ‘referred to inArticle
20 of Directive 90/425/EEC’.
5. in Article 12 (1) (c) the first indent shall be replaced by the
following:
‘— activate the information procedure provided for in the first
indent of Article 1 of Decision 92/438/EEC’
6. in Article 12 (1) (c) the third indent shall be deleted.
7. Article 12 (4) shall be replaced by the following:1992D0438 — EN — 01.01.1995 — 001.001 — 4
▼B
‘4. The provisions of Decision 92/438/EEC shall apply.’
8. inthe first subparagraph of Article 30 (2) the words ‘inthe secon d
subparagraph of’ shall be deleted.
Article 10
The following paragraph shall be added to Article 11 of Directive 91/
628/EEC:
‘5. The provisions of Council Decision 92/438/EEC of 13 July
1992 oncomputerizationof veterin ary import procedures (Shift
project) (*) shall be applicable.
(*) OJ No L 243, 25. 8. 1992, p. 27.’
Article 11
The following Article shall be added to Decision 90/424/EEC:
‘Article 37a
1. Community financial assistance may be granted for computer-
izationof veterin ary import procedures as specified inDecision92/438/EEC (*).
2. Organizational arrangements for financing under paragraph 1
and the level of the Community's contribution shall be determinedinaccordan ce with the procedure laid downinArticle 41.
(*) OJ No L 243, 25. 8. 1992, p. 27.’
Article 12
The rules required for applicationof this Decisionshall be adopted, as
required, inaccordan ce with the procedure laid downinArticle 13.
Article 13
1. The Commission shall be assisted by the Standing Veterinary
Committee set up by Decision68/361/EEC(
1), hereinafter referred to
as ‘the Committee’.
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shalldeliver its opinion on the draft within a time limit which the Chairman
may lay down according to the urgency of the matter. The opinion
shall be delivered by the majority laid downinArticle 148 (2) of theTreaty in the case of decisions which the Council is required to adopton a proposal from the Commission. The votes of the representatives ofthe Member States withinthe Committee shall be weighted inthemanner set out in that Article. The Chairman shall not vote.
►
A13.◄(a) The Commissionshall adopt the measures an d imple-
ment them immediately where they are in accordance with the
opinion of the Committee.
(b) Where they are not in accordance with the opinion of the
Committee, or if no opinion is delivered, the Commission shall
without delay propose to the Council the measures to beadopted. The Council shall adopt the measures by a qualifiedmajority.
If, withinthree mon ths of the date onwhich a proposal was
submitted to it, the Council has not adopted any measures, theCommissionshall adopt the proposed measures an d apply themimmediately.1992D0438 — EN — 01.01.1995 — 001.001 — 5
(1) OJ No L 255, 18. 10. 1968, p. 23.▼A1
▼B
▼B
Article 14
The provisions of this Decision shall be reviewed before 1 July 1995,
in order to take account of technological developments and to make the
necessary improvements especially in view of any developments which
may already be recorded inthe most advan ced Member States.
Article 15
This Decisionis addressed to the Member States.1992D0438 — EN — 01.01.1995 — 001.001 — 6
▼B
ANNEX I
1. The basic principle of the system is that each relevant authority (border
inspection post; central authority of the Member State; Commission) will
have random access to a computerized file of consignments of animals or
products re-dispatched under Article 12 (1) (c) of Directive 91/496/EEC or
Article 16 (1) (a) of Directive 90/675/EEC.
2. This file will be updated by the competent authorities of the Member States.
Information must be conveyed with all speed via the public packet-switching
network.
3. The Commission shall be responsible for the network. The operator shall be
selected and the overall techical specifications of the network determined in
accordance with the procedure laid down in Article 13 of this Decision.
4. The reasons for re-dispatching a consignment shall be entered in the file. The
rules for applying this paragraph shall be adopted in accordance with the
procedure provided for inArticle 13.1992D0438 — EN — 01.01.1995 — 001.001 — 7
▼B
ANNEX II
1. The Commission shall establish a data base of the Community requirements
for importation of live animals and products and shall make it available to
each Member State and each border inspection post.
2. Each Member State shall establish a data base of national requirements (not
covered by paragraph 1) for importation of live animals and products into its
territory. Each will make this available to the other Member States, the
Commission and all Community border inspection posts.
3. Each Member State shall determine how its border inspection posts are to
have access to the data bases indicated in paragraphs 1 and 2.
4. The Commission shall be responsible for updating the data base indicated in
paragraph 1. The Member States shall be individually responsible for
updating the data bases indicated in paragraph 2.
5. The technical requirements for harmonization of the data bases and for their
updating shall be determined in accordance with the procedure laid down in
Article 13.1992D0438 — EN — 01.01.1995 — 001.001 — 8
▼B
ANNEX III
1. Each Member State shall set up a data base covering the animals and
products brought into its territory.
2. Each Member State shall transmit to the Commission, at a frequency or
frequencies to be determined in accordance with the procedure laid down in
Article 13, information extracted from the data bases indicated in paragraph
1.
3. The technical requirements for harmonization of the data bases and for trans-
mission of information to the Commission shall be determined in accordance
with the procedure laid downinArticle 13.1992D0438 — EN — 01.01.1995 — 001.001 — 9