1993D0014 — EN — 01.01.2000 — 001.001 — 1
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►B COMMISSION DECISION
of 23 December 1992
laying down the methods of veterinary checks for products from third countries in free zones and
free warehouses, in customs warehouses, as well as during the time of transport from one third
country to another via the Community
(93/14/EEC)
(OJ L 9, 15.1.1993, p. 42)
Amended by:
Official Journal
No page date
►M1Commission Decision 2000/25/EC of 16 December 1999 L 9 27 13.1.2000
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▼B
COMMISSION DECISION
of 23 December 1992
laying down the methods of veterinary checks for products from
third countries in free zones and free warehouses, in customs ware-houses, as well as during the time of transport from one third
country to another via the Community
(93/14/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to the Council Directive 90/675/EEC of 10 December
1990 laying down the principles governing the organisation of veter-inary checks on products entering the Community from third coun-tries(
1), as last amended by Decision 92/438/EEC(2), and, in particular,
Articles 5, 6, 7 and 12 thereof,
Whereas Commission Decision 93/13/EEC has established the proce-
dures for the veterinary checks at the border inspection posts of the
Community on products entering the Community from third coun-tries(
3);
Whereas these general procedures must be completed by laying down
control conditions for products destined to be stored in free warehouses,free zones or customs warehouses;
Whereas these conditions must, in particular, ensure the follow-up,
during the storage and the transport, of the products not complying withthe requirements of Community legislation or, if applicable, of thenational legislation;
Whereas, furthermore, it is convenient to determine the scope of the
controls applicable on products in transit through the territory of theCommunity;
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. Without prejudice to the provisions of Commission Decision 92/
571/EEC of 15 December 1992 in relation to new transitory measureswhich are necessary to facilitate the move to the system of veterinarychecks provided for in Council Directive 90/675/EEC, products fromthird countries entering the Community and destined for a free zone or
a free warehouse or destined to be stored in a warehouse under the
customs warehousing procedure or the temporary storage of goodsprocedure shall be:
— subject to the controls laid down in Articles 4 and 8 of Directive
90/675/EEC for harmonized products,
— subject to the controls laid down in Articles 4 and 11 of Directive
90/675/EEC for non-harmonized products.
2. In each case, the official veterinarian shall deliver a document
based on Annex B to Decision 93/13/EEC attesting that the products
have been submitted to the controls mentioned in paragraph 1(
4).
(1) OJ No L 373, 31. 12. 1990, p. 1.
(2) OJ No L 243, 25. 8. 1992, p. 27.
(3) See page 33 of this Official Journal.
(4) OJ No L 367, 16. 12. 1992, p. 36.
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3. The transport of products to the destination mentioned in para-
graph 1 and their transport from one warehouse to another shall takeplace under the following conditions:
(a) the transport has to be carried out under customs control by means
of transport sealed by the competent authority;
(b) the competent authority which authorizes the transport has to
inform the competent authority of the warehouse of destination via
the Animo network or, pending the implementation of the latter, by
telecommunication or by any data transfer system;
(c) the products have to be accompanied by a document based on
Annex B to Decision 93/13/EEC attesting that the products havefulfilled the controls of Directive 90/675/EEC and by either anauthenticated copy of the original veterinary certificates or docu-
ments relating to the goods. In the case of transport from one ware-
house to another warehouse, a document based on Annex B toDecision 93/13/EEC shall be delivered on the basis of documentsaccompanying the consignment to the warehouse and on the basisof veterinary controls carried out during the storage of products inthe warehouse, in accordance with Articles 5 and 6 of Council
Directive 90/675/EEC.
Article 2
1. The warehouses designated in accordance with Article 6 of Direc-
tive 90/675/EEC have to meet at least the following conditions:
— the minimum requirements laid down by Community legislation for
the warehouses storing the products concerned, or in the absence ofCommunity legislation, by national legislation,
— to be under permanent control of the competent authority,— to have day-to-day accountability of all the products entering or
leaving the warehouse,
— to have appropriate rooms reserved exclusively for the competent
authorities carrying out the veterinary controls.
2. The competent authority must take all the necessary measures:
— to check that the conditions set out in the first paragraph are main-
tained,
— to ensure effective control of the entries and exits to the ware-
houses,
— to perform all necessary controls to avoid any deterioration or any
substitution of the products stored in the warehouses.
Article 3
In derogation from Article 1 of the present Decision, the Member State
may, in conformity with Article 7 of Directive 90/675/EEC, authorizethe entry into its territory of products which do not comply with therequirements of Community legislation or, in the case of products where
the rules governing trade have not been harmonized with the relevant
national legislation, to be stored in a free zone or in a free warehouse;in this case, besides the requirements mentioned in Article 7 of Direc-tive 90/675/EEC, the following requirements are applicable:
(a) the competent authority of the border inspection post of introduc-
tion from third country must ensure that products are really
destined, after storage, to be redispatched to a third country;
(b) these products are stored in separate rooms from the products
destined to be put in free circulation on the territory of the Commu-nity;
(c) the products are not submitted to any manipulation other than those
necessary for storage or of division of the consignment, withoutalteration of the packaging of origin;
(d) the transport of these products to the free zone or the free ware-
house of destination or from a free zone or from a free warehouse
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to another free zone or free warehouse is subject to the following
conditions:
— the importer must give the proof that the competent authority
of the free warehouse or the free zone of destination does not
oppose the introduction of these products,
— the competent authority of the border inspection post of intro-
duction from the third country, or of the free warehouse or ofthe free zone from where the products are dispatched, mustspecify the fact of the passage or storage of the products on the
veterinary certificates or documents,
— the transport has to be carried out under customs control by
means of leak proof transport, identified and sealed by thecompetent authority so that the seals are broken at the time ofany opening of the container,
— the competent authority which authorizes the transport has to
inform the competent authority of the free zones or free ware-houses of destination via the Animo network or, pending theimplementation of the latter, by telecommunication or by anydata transfer system,
— the means of land transport used must by cleaned and disin-
fected under the responsibility of the competent authoritybefore being used for further transport,
— the dispatching competent authority of the free zone or free
warehouse and that of the free zone or free warehouse of desti-nation have to take all necessary measures to avoid any public
health or animal health risk during transport, storage or division
of the consignment,
— the products must be accompanied by the original veterinary
certificates or documents;
(e) the competent authority shall take all the necessary measures:
— to ensure effective control of the entry and exit of products out
of the free warehouse or free zone,
— to perform all suitable controls to avoid any deterioration or
any substitution of the products stored in the free warehouse or
free zone.
M1
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Article 5
Member States shall carry out the necessary measures to ensure that any
breach of the present decision, especially to Articles 3 and 4, shall be
subject to a sanction which is effective, appropriate and with deterrent
effect against the person or legal entity responsible.
Article 6
Without prejudice to the Community rules on animal health, Member
States may authorize the import of consignments of animal products to
their territory for exhibitions or displays at trade fairs using their
national rules.
Member States authorizing the import of such consignments shall take
effective step to ensure that these products, once the displays or exhibi-tions have finished will be destroyed or re-dispatched to the originatingthird country.
Article 7
To take account of experience required, the Commission shall submit a
report before the 31 December 1993.
Article 8
This Decision shall apply from the 1 January 1993.
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Article 9
This Decision is addressed to the Member States.